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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]
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]
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]
2 Feb 2016, 5:00 am
Martinez, et al. v. [read post]
6 Oct 2021, 5:26 am
Co. of N.Y., 98 NY2d 314, 326 [2002]; Leon v Martinez, 84 NY2d at 88). [read post]
15 Dec 2009, 6:37 am
Martinez at the Volokh Conspiracy. [read post]
11 Jul 2017, 5:40 pm
Martinez, No. 01-07-00363-CV, 2008 WL 5392023, at *2 n.4 (Tex. [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]
10 Jul 2008, 6:25 pm
Jeanne Kornowicz, a school psychologist in the Cheektowaga Central School District in Erie County, applied to her employer to add her spouse, Joy Higgins, to her insurance coverage after the New York Appellate Division, 4th Department, ruled in Martinez v. [read post]
27 Feb 2014, 8:00 am
Martinez v. [read post]
13 Feb 2013, 2:05 pm
United States v. [read post]
29 Aug 2012, 7:40 am
Martinez (1978) (436US49) — Tribal Immunity from ICRA Claims v. (17) Washington v. [read post]
12 Oct 2011, 3:00 pm
Maples v. [read post]
3 Nov 2015, 8:42 am
We invited Rina to Michigan State’s annual Indian law conference in 2008 and she was very gracious in accepting our invitation. [read post]
6 Mar 2008, 6:00 am
These facts convince us that the "wrongful and injury-causing conduct ... that provides the foundation for the claim" (Martinez v. [read post]
11 Oct 2007, 11:06 am
Martinez v. [read post]
10 Feb 2014, 7:17 am
Ampuero-Martinez, 88 So. 3d 190 (Fla. 3d DCA 2000), (Case Nos. [read post]
2 Jun 2008, 7:46 am
United States, 430 U. [read post]
23 Jun 2010, 5:29 pm
State. [read post]
