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3 Feb 2011, 8:35 am by Jon Sands
Leyva-Martinez, No. 10-50269 (per curiam: Goodwin, Rymer and Graber). [read post]
17 Mar 2023, 8:50 am by Reference Staff
Martinez was part of the legal team that represented the petitioner in the landmark case Griggs v. [read post]
27 Dec 2021, 4:34 am by Andrew Lavoott Bluestone
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking… [read post]
13 Jan 2012, 8:06 am by Jill Family
Carlos Martinez Gutierrez arrived in the United States with his parents when he was five years old. [read post]
13 Sep 2012, 2:56 am by Andrew Lavoott Bluestone
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 Nov 2018, 8:35 am by Jon Sands
The panel remanded these claims to the district court for further proceedings, including whether to excuse the procedural default under Martinez v. [read post]
7 Aug 2024, 4:42 am by Andrew Lavoott Bluestone
“On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference” (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
29 Mar 2013, 2:00 pm by Bexis
Bazarsky, The Future of PennsylvaniaProducts Liability as Applied by Federal and State Courts: Covell v. [read post]