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29 May 2009, 4:12 am
  "To demonstrate entitlement to dismissal of a complaint pursuant to CPLR 3211(a)(1), the documentary evidence submitted must conclusively establish a defense to the asserted claims, as a matter of law (see Leon v Martinez, 84 NY2d 83, 87-88; Williams v Williams, 36 AD3d 693, 695; New York Community Bank v Snug Harbor Sq. [read post]
15 May 2024, 3:56 am by Andrew Lavoott Bluestone
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
16 Apr 2018, 9:56 am by Jim Walker
These terms have been held to be binding by the United States Supreme Court in Carnival Cruise Lines, Inc. v. [read post]
22 Jan 2018, 4:08 am by Andrew Lavoott Bluestone
Accordingly, the complaint, insofar as asserted by them, was a nullity, and the action as to them was improperly commenced (see Hilton Apothecary v State of New York, 89 NY2d 1024 [1997]; Boente v Peter C. [read post]
19 Dec 2010, 8:35 pm by Evidence ProfBlogger
Similar to its federal counterpart, Texas Rule of Evidence 804(b)(1) provides an exception to the rule against hearsay for In civil cases, testimony given as a witness at another hearing of the same or a different proceeding, or in a... [read post]
11 Dec 2010, 5:15 am
Martinez, 52 A.D.3d 68, 73 (N.Y.2008) (especially in light of prevalence of DNA data banks as criminal justice tools, “DNA indictment is an appropriate method to prosecute perpetrators of some of the most heinous criminal acts”); State v. [read post]
17 Apr 2023, 5:20 am by Andrew Lavoott Bluestone
The Court finds that this fails to state a cause of action, or worse, that Plaintiff actually did not have a good cause of action. [read post]
12 Dec 2022, 3:54 am by Andrew Lavoott Bluestone
Dismissal of the legal malpractice counterclaim was warranted because defendant failed to adequately plead proximate causation (see Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]