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8 Dec 2023, 5:25 am by Andrew Lavoott Bluestone
” “Here, even accepting the facts as alleged in the amended complaint to be true and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the amended complaint failed to state a cause of action for legal malpractice. [read post]
15 Aug 2019, 4:02 am by Edith Roberts
” Subscript Law has a graphic explainer for Ramos v. [read post]
12 Aug 2009, 4:31 am
" Plaintiff alleges that he did not know that under the applicable tax laws the necessary funds were not "immediately available" — we must accept that allegation as true (see Leon v Martinez, 84 NY2d 83, 87 [1994]) —- and that a reasonably competent matrimonial attorney who read the stipulation would not have advised him to sign it. [read post]
13 Jul 2009, 1:50 am
It was true both with respect to the statutory and the constitutional requirements. [read post]
14 Jul 2021, 1:24 am by Donald Dinnie
Referring to Van Reenen Steel (Pty) Ltd v Smith NO and Transnet v Rubenstein, the Labour Appeal Court held that the principle on common mistake is more correctly formulated as requiring three elements to be proven: the contract was based on a common assumption; the assumption was incorrect; and the subject matter of the assumption was vital to the transaction – in other words, had both parties been aware of the true position the transaction would not have… [read post]