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3 Jan 2022, 5:28 am by Andrew Lavoott Bluestone
” “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 by Andrew Lavoott Bluestone
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 by Erin Miller
The biggest news out of the Court yesterday was the opinion in United States v. [read post]
2 May 2014, 12:28 pm by John Elwood
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 Jul 2024, 4:52 am by Andrew Lavoott Bluestone
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]
6 Jun 2011, 11:52 am by Lyle Denniston
  The new case, involving a child sexual abuse prosecution in Arizona, is Martinez v. [read post]
3 Mar 2023, 4:39 am by Andrew Lavoott Bluestone
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]
1 Dec 2015, 7:16 pm by Rory Little
 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]
4 Jun 2010, 3:26 am by Andrew Lavoott Bluestone
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]