Search for: "Leon v. Martinez"
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23 Mar 2018, 4:24 am
Accepting the facts alleged in the third-party complaint as true, and according the third-party plaintiffs the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 88; Raach v SLSJET Mgt. [read post]
13 Feb 2018, 4:16 am
Upon construing the complaint liberally, and affording plaintiffs the benefit of every possible favorable inference (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we reject defendants’ contention that the breach of contract cause of action is duplicative of the accounting malpractice cause of action. [read post]
22 Jan 2018, 4:08 am
Affording the complaint a liberal construction, accepting the facts alleged therein as true, and according DeMartino the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), the complaint fails to plead specific facts from which it can be inferred that [*2]DeMartino was in an attorney-client or fiduciary relationship, privity, or a relationship that otherwise closely resembles privity with the defendants, who were retained to… [read post]
10 Jan 2018, 4:12 am
“Accepting plaintiff client’s allegations as true and drawing all reasonable inferences in its favor (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), a legal malpractice claim was sufficiently alleged (see Fielding v Kupferman, 65 AD3d 437, 439 [1st Dept 2009]). [read post]
9 Jan 2018, 11:50 am
An order dismissing a legal malpractice claim was reversed by the New York Appellate Division for the First Judicial Department Accepting plaintiff client's allegations as true and drawing all reasonable inferences in its favor (see Leon v Martinez, 84 NY2d... [read post]
10 Nov 2017, 4:25 am
These principles apply to allegations of legal malpractice (see Leon v Martinez, 84 NY2d at 87-88; New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]; Rodriguez v Jacoby & Meyers, LLP, 126 AD3d 1183, 1185 [2015], lv denied 25 NY3d 912 [2015]; Snyder v Brown Chiari, LLP, 116 AD3d 1116, 1117 [2014]; Alaimo v McGeorge, 69 AD3d 1032, 1034 [2010]). [read post]
3 Oct 2017, 3:44 am
” Leon v. [read post]
27 Sep 2017, 4:14 am
These factual allegations, as supplemented by plaintiffs’ papers in opposition to defendant attorney’s dismissal motion, sufficiently alleged a legal malpractice claim (see generally Leon v Martinez, 84 NY2d 83, 87-88 [1994]; see Brooks v Lewin, 21 AD3d 731, 734 [1st Dept 2005], lv denied 6 NY3d 713 [2006]; Escape Airports [USA], Inc. v Kent, Beatty & Gordon, LLP, 79 AD3d 437 [1st Dept 2010]). [read post]
28 Mar 2016, 3:28 am
In the court’s own words: Here, accepting as true the facts alleged in the petition/complaint and according the petitioner the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87), the petitioner failed to state a cause of action for an “equitable buyout” of his interest in the LLC. [read post]
28 Mar 2016, 3:28 am
In the court’s own words: Here, accepting as true the facts alleged in the petition/complaint and according the petitioner the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87), the petitioner failed to state a cause of action for an “equitable buyout” of his interest in the LLC. [read post]
28 Mar 2016, 3:28 am
In the court’s own words: Here, accepting as true the facts alleged in the petition/complaint and according the petitioner the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87), the petitioner failed to state a cause of action for an “equitable buyout” of his interest in the LLC. [read post]
23 Nov 2015, 12:49 pm
Martinez-Fuerte, 428 U.S. 543 (1976); United States v. [read post]
23 Jun 2014, 12:57 pm
Michal Freedman, and Leon Gordis, Reference Guide on Epidemiology 549, 617 & n.211, in Reference Manual on Scientific Evidence (3ed ed. 2011)[RMSE]. 2. [read post]
17 Dec 2013, 8:23 pm
(Orin Kerr) The more I re-read Judge Leon’s opinion in Klayman v. [read post]
26 Dec 2012, 4:11 am
" Noting that a plaintiff’s pleading is to be afforded a liberal construction, the Appellate Division held that “the facts alleged in the complaint are to be accepted as true, and plaintiff is to be accorded the benefit of every possible favorable inference,” citing Leon v Martinez, 84 NY2d 83. [read post]
13 Sep 2012, 2:56 am
Co. of N.Y., 98 NY2d at 326; see Leon v Martinez, 84 NY2d at 88; Robertson v Wells, 95 AD3d 862, 863; Magnus v Sklover, 95 AD3d 837, 837). [read post]
13 Jul 2012, 2:40 am
Here, accepting as true the facts alleged in the complaint and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88; AG Capital Funding Partners, L.P. v State St. [read post]
11 Jul 2012, 2:53 am
To succeed on a motion to dismiss pursuant to CPLR 3211(a)(1), the documentary evidence relied on by the defendant must "conclusively establish[ ] a defense to the asserted claims as a matter of law" (Leon v Martinez, 84 NY2d 83, 88 [1994]). [read post]
10 Jul 2012, 5:40 am
Even assuming the truth of the allegations in the complaint (see generally Leon v. [read post]
10 May 2012, 2:45 am
Co. of N.Y., 98 NY2d at 326; Leon v Martinez, 84 NY2d at 87-88; Peery v United Capital Corp., 84 AD3d 1201). [read post]
