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22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading as true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
20 Sep 2018, 5:00 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d 314, 326; see Leon v Martinez, 84 NY2d 83, 88). [read post]
23 Jul 2014, 7:30 am by The Public Employment Law Press
”Citing Russomanno v Leon Decorating Co., whatever the net effect of such orders may be, they "cannot overrule the statute itself," neither the statutory language nor the legislative history supports the Board's requirement that an individual be affiliated with an authorized rescue entity or volunteer agency in order to qualify as a volunteer and, hence, be eligible for the coverage afforded under the statute.Accordingly, the Appellate Division held that the… [read post]
14 Jun 2011, 12:21 pm by John Elwood
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
16 Sep 2008, 11:40 am
Hernandez Leon, 379 F.3d 1024, 1027 (8th Cir. 2004) (stating that "[t]he sufficiency of a warrant affidavit which contains information from an unlawful search is evaluated after deleting that information"); United States v. [read post]
17 May 2018, 10:36 am by Jeffrey P. Gale, P.A.
It found that the JCC mistakenly relied on cases where the injuries were the result of a personal risk such as an idiopathic preexisting condition, Leon County School Board v. [read post]
17 May 2018, 10:36 am by Jeffrey P. Gale, P.A.
It found that the JCC mistakenly relied on cases where the injuries were the result of a personal risk such as an idiopathic preexisting condition, Leon County School Board v. [read post]