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19 May 2010, 6:43 pm by Rumpole
Leon, 468 U.S. 897, 914 (1984) (citing Spinelli, 393 U.S. at 419); see United States v. [read post]
28 Jul 2020, 10:25 am
Co. of N.Y., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 88; Rodolico v Rubin & Licatesi, P.C., 114 AD3d 923, 924). [read post]
15 Nov 2021, 3:30 am by Andrew Lavoott Bluestone
On a motion to dismiss a cause of action pursuant to CPLR 3211(a), the court must accept the facts as alleged in the complaint 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 CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
5 Sep 2019, 4:33 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d 314, 326 [2002]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
25 Jan 2012, 1:24 pm by Larkin Reynolds
  That claim is now effectively imputed to current Secretary of Defense Leon Panetta. [read post]
16 Mar 2012, 3:10 am by Andrew Lavoott Bluestone
We accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit * 8 8 within any cognizable legal theory (Morone v Morone 50 NY2d 481 , 484; Rovello v Orofino Realty Co. 40 NY2d 633 634) Leon v Martinez, 84 N. 2d 83 87- 614 N. [read post]
17 Feb 2010, 1:21 pm
In MODIFYING the order appealed from to grant Allstate's motion to dismiss the breach of contract action, as well, the Fourth Department held: Even accepting all of the facts alleged by plaintiff in his complaint as true and according him the benefit of every favorable inference, as we must in the context of defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (see Leon v Martinez, 84 NY2d 83, 86-87; Kumar v American Tr. [read post]