Search for: "State v. Martinez"
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3 Jan 2022, 5:28 am
” “The complaint, as augmented by the affidavit of Singh submitted in opposition to the defendants’ motion to dismiss, sufficiently stated a cause of action for legal malpractice (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88; Doe v Ascend Charter Schs., 181 AD3d 648, 649-650). [read post]
22 Jul 2024, 5:13 am
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211 (a) (7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
21 Apr 2010, 6:50 am
The biggest news out of the Court yesterday was the opinion in United States v. [read post]
2 May 2014, 12:28 pm
Cotton, 13-551, a qualified immunity case involving a man shot after police made a mistake typing in a license plate, and Martinez v. [read post]
3 May 2016, 10:29 am
In State v. [read post]
3 May 2016, 10:29 am
In State v. [read post]
6 Apr 2022, 11:26 pm
[A new filing in Vega v. [read post]
3 Jul 2024, 4:52 am
In considering a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7), the court must “‘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 within any cognizable legal theory'” (Nonnon v City of New York, 9 NY3d 825, 827, quoting Leon v Martinez, 84 NY2d 83, 87-88). [read post]
21 Mar 2022, 3:24 am
Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
6 Jun 2011, 11:52 am
The new case, involving a child sexual abuse prosecution in Arizona, is Martinez v. [read post]
3 Mar 2023, 4:39 am
The allegation that Mid City lost the opportunity to pursue an administrative appeal, without any indication that the appeal would be successful, is insufficient to state a claim (see Coccia v Liotti, 70 AD3d 747, 754). [read post]
15 Mar 2008, 7:42 pm
In Martinez, a New York State appellate court in Rochester recognized a Canadian same-sex marriage as legally valid in the state. [read post]
5 Feb 2020, 5:56 am
The case is styled, Nicolas Martinez v. [read post]
1 Dec 2015, 7:16 pm
The first question can be traced to some sloppy “law of the case” dictum in United States v. [read post]
3 Jun 2008, 2:28 pm
The Martinez decision is a binding precedent for now, so no trial judge in the state would rule against the governor on this. [read post]
28 Jun 2024, 11:21 am
’” United States v. [read post]
4 Jun 2010, 3:26 am
Affording the complaint a liberal construction, and according its factual allegations every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88; Shaya B. [read post]
11 Feb 2009, 6:41 am
See United States v. [read post]
27 Dec 2015, 8:48 am
SCOTUS Limits Restitution In 1990, the Supreme Court in Hughley v. [read post]
14 Apr 2022, 1:14 am
Martinez indicates through its various opinions that the Miranda violation is complete when a statement is wrongly admitted in violation of Miranda's rules; Dickerson v. [read post]
