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29 Mar 2007, 5:52 pm
Reserve Sys., 838 F.2d 969, 973-77 (8th Cir. 1988) (holding that although Congress authorized states to allow a bank's acquisition by out-of-state entity, Congress did not authorize restrictions on acquired banks). [read post]
14 Jun 2010, 2:39 am by Andrew Lavoott Bluestone
Additionally, the assertions in the complaint permit a reasonable inference of the alleged conduct (see Pludeman v Northern Leasing Sys., Inc., 10 NY3d 486, 492), and the complaint is otherwise "sufficient to advise [Levinson] of the incidents complained of" (Union State Bank v Weiss, 65 AD3d 584, 585; see CPLR 3116[b]). [read post]
4 Aug 2011, 6:59 am by John Day
Martin Marietta Energy Sys., 832 S.W.2d 534, 538 (Tenn.1992); Hale v. [read post]
6 Oct 2011, 3:06 am by Andrew Lavoott Bluestone
Contrary to the attorneys' contention, that cause of action was pleaded with sufficient specificity (see CPLR [*3]3016[b]; Pludeman v Northern Leasing Sys., Inc., 10 NY3d 486, 492; PDK Labs v Krape, 277 AD2d 211), and the attorneys' documentary evidence failed to "resolve[] all factual issues as a matter of law, and conclusively dispose[] of the plaintiff's claim" (Brunot v Eisenberger & Co., 266 AD2d 421, 421; see CPLR 3211[a][1]). [read post]