Search for: "Leon v. Martinez"
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3 May 2012, 8:01 am
Ricardo Martinez, Case No. 12-20316-CR-Martinez This indictment charges defendant Ricardo Martinez with health care fraud and paying kickbacks to patients. [read post]
16 Apr 2012, 3:06 pm
The Court pointed out that in True v. [read post]
6 Apr 2012, 2:50 am
"On a motion to dismiss for failure to state a cause of action pursuant to CPLR [*2]3211(a)(7), the sole criterion is whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of action cognizable at law[,] a motion for dismissal will fail'" (Kopelowitz & Co., Inc. v Mann, 83 AD3d 793, 796, quoting Guggenheimer v Ginzburg, 43 NY2d 268, 275; see Leon v… [read post]
4 Apr 2012, 6:58 am
The Court pointed out that in True v. [read post]
21 Mar 2012, 3:24 am
Put in a more elegant way, the Appellate Term decided Garg v Wigler 2012 NY Slip Op 50494(U) Decided on March 20, 2012 Appellate Term, First Department: "Accepting plaintiff's allegations as true, and according them the benefit of every favorable inference, as we must in the context of a motion to dismiss on the pleadings (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we find the complaint, as amplified by plaintiff's… [read post]
16 Mar 2012, 3:10 am
We 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 * 8 8 within any cognizable legal theory (Morone v Morone 50 NY2d 481 , 484; Rovello v Orofino Realty Co. 40 NY2d 633 634) Leon v Martinez, 84 N. 2d 83 87- 614 N. [read post]
1 Feb 2012, 2:38 am
Accepting as true the facts set forth in the complaint and according plaintiff the benefit of all favorable inferences arising therefrom, as we must in the context of the instant motion (see generally Leon v Martinez, 84 NY2d 83, 87-88), we conclude that the complaint fails to plead a cognizable theory for legal malpractice because it does not permit the inference that any alleged negligence by defendant was a proximate cause of plaintiff's damages (see Pyne… [read post]
13 Jan 2012, 3:00 am
Even as amplified by the plaintiff's affidavit, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83), the complaint failed to allege that the defendants acted "with intent to deceive the court or any party" (Judiciary Law § 487[1]; see Jaroslawicz v Cohen, 12 AD3d 160, 160-161). [read post]
12 Jan 2012, 1:10 am
"Accepting the allegations in plaintiff's complaint as true and resolving all inferences in her favor, as we must in considering a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87 [1994]; Benn v Benn, 82 AD3d 548, 548 [2011]), this legal malpractice action accrued in California at the latest in November 2007, when plaintiff received defendants' letter unequivocally informing her that they were no longer representing her or prosecuting… [read post]
18 Nov 2011, 3:19 am
Plaintiffs' expert affidavit was properly considered to remedy any defects in the complaint (see Leon v Martinez, 84 NY2d 83, 88 [1994]). [read post]
17 Nov 2011, 3:11 am
Co. of N.Y., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87; Sokol v Leader, 74 AD3d 1180). [read post]
18 Aug 2011, 3:08 am
Co. of N.Y., 98 NY2d 314, 326; see Leon v Martinez, 84 NY2d at 87), the complaint herein sufficiently alleges a cause of action in negligence against the SLS defendants and the SLS employees (see Rivera v New York City Health and Hospitals Corporation, 191 F Supp 2d at 421; see also Williams v State of New York, 84 AD3d 412). [read post]
17 Aug 2011, 2:48 am
Shanlev v Welch, 31 A.D.3d 1127 (2006); see also Leon v Martinez, 84 NY2d 83 (1 994) (plaintiffs pleaded enough to infer existence of attorney-client relationship where defendant attorneys had drafted agreement between their client and plaintiffs in which client agreed to pay portion of lawsuit proceeds to plaintiffs ). [read post]
6 Jul 2011, 3:15 am
"Accepting the facts alleged in the second amended complaint as true, and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d at 87-88), the second amended complaint states a cause of action to recover damages for legal malpractice (see Aranki v Goldman & Assoc., LLP, 34 AD3d 510). [read post]
7 Jun 2011, 10:12 am
Monday in Martinez v. [read post]
2 Jun 2011, 6:02 am
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
1 Jun 2011, 4:54 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
25 May 2011, 6:02 am
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
23 May 2011, 11:47 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
17 May 2011, 6:38 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
