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18 Jul 2011, 6:35 am by James Bickford
A post at ACSblog suggests that Janus Capital Group, Inc. v. [read post]
1 Oct 2008, 3:23 pm
On Monday night, Delaware Vice Chancellor Lamb issued an opinion in the epic Hexion v. [read post]
3 Mar 2023, 4:39 am by Andrew Lavoott Bluestone
Here, even accepting the facts alleged in the complaint as true, and according Mid City the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87), the complaint failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome regarding the termination of Mid City’s status as a DBE (see Rudovic v Law Off. of Timothy A. [read post]
17 Aug 2014, 4:00 am by Administrator
The arbitrator’s decision (Leon Getz, Q.C.) was reasonable here, the B.C.C.A. being overturned (“with costs throughout”), and the arbitrator’s award reinstated. [read post]
1 Dec 2017, 4:35 am by Andrew Lavoott Bluestone
On or about December 9, 2014, the plaintiffs moved for leave to amend the caption of the action to add Leon Lubarsky, Rada Tarnovsky, and another person as additional defendants. [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]
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]