Search for: "MARTINEZ v. STATE" Results 921 - 940 of 1,777
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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]
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]
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]
3 Feb 2009, 4:42 pm
A copy of the Kristin Booth Glen's opinion, published in the New York Law Journal, page 27, today, is available here and the front-page article is available here, and continued here.This ruling is consistent with a February 2008 New York appellate decision in Martinez v. [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]