Search for: "STATE V. MARTINEZ"
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16 Sep 2010, 4:53 pm
Martinez/em/liliJoseph A. [read post]
16 Sep 2010, 4:53 pm
Martinez/em/liliJoseph A. [read post]
14 Feb 2018, 7:38 am
An even gloomier portent for the government is the Supreme Court’s 2016 decision in Molina-Martinez v. [read post]
29 Mar 2013, 2:00 pm
Bazarsky, The Future of PennsylvaniaProducts Liability as Applied by Federal and State Courts: Covell v. [read post]
18 Dec 2010, 8:35 am
United States v Martinez-Gonzalez, 686 F2d 93. [read post]
22 May 2024, 6:00 am
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
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]
31 Jan 2017, 11:43 am
Juliana v. [read post]
1 Oct 2014, 6:51 am
Checking for intoxication at roadside stops became legal after the 1975 United States Supreme Court case United States v. [read post]
31 Dec 2010, 2:58 am
Where emotional or other nonpecuniary loss is a direct result of a defendant's breach of duty, a plaintiff may recover damages for such loss (see generally Martinez v Long Is. [read post]
23 Oct 2023, 5:01 am
In Hosanna-Tabor v. [read post]
8 Mar 2015, 5:15 am
” State v. [read post]
19 Jun 2015, 8:26 am
Martinez (2010). [read post]
5 Apr 2023, 8:24 pm
In Pioneer Tower Owners Assn. v State Farm Fire & Cas. [read post]
17 Feb 2010, 1:21 pm
Thus, plaintiff failed to state a cause of action for breach of contract, inasmuch as "no contract of any kind exists between plaintiff and defendant and there is no recognized theory upon which defendant . . . might be held liable to plaintiff, as a third-party beneficiary" (Area Masonry v Dormitory Auth. of State of N.Y., 64 AD2d 810, 811). [read post]
30 Mar 2009, 2:13 pm
Robles and the the failure of the State Senate to get with the program in 2007 after the Assembly passed the marriage bill), but we can BE married in New York (see Martinez v. [read post]
4 Jun 2014, 4:07 am
Martinez, 122 F.3d 421 (7th Cir. 1997), and United States v. [read post]
19 Aug 2022, 4:42 am
” “Here, accepting all 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 83, 87-88), the amended complaint failed to state a legal malpractice cause of action. [read post]
8 Mar 2024, 4:59 am
Plaintiff’s signed agreement with the nonparty funder, selling a portion of his interest in any potential future litigation proceeds, “conclusively establishes a defense to the asserted claim as a matter of law,” as it shows that defendants did not commit any misconduct by failing to warn plaintiff of the terms of the agreement (Leon v Martinez, 84 NY2d 83, 88 [1994]; see CPLR 3211[a][1]), which plaintiff admittedly signed (see VXI Lux Holdco S.A.R.L.… [read post]
