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6 Apr 2012, 2:50 am by Andrew Lavoott Bluestone
"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]
16 Nov 2006, 8:33 am
International Court of Justice (ICJ) Ahmadou Sadio Diallo (Republic of Guinea v. [read post]
18 Mar 2011, 1:42 pm by Lyle Denniston
Leon, creating for the first time a “good faith” exception to the rule. [read post]
5 May 2017, 1:45 pm
Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), did not apply. [read post]
15 Jan 2010, 8:32 am by Meg Martin
Summary of Decision issued January 14, 2010Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.Case Name: Hutchinson v. [read post]
27 Jul 2018, 4:30 am by Andrew Lavoott Bluestone
“On a motion to dismiss under CPLR 3211, the pleading is to be given a liberal construction, the allegations contained within it are assumed to be true and the plaintiff is to be afforded every favorable inference” (Simkin v Blank, 19 NY3d 46, 52; see Leon v Martinez, 84 NY2d 83, 87; Hershco v Gordon & Gordon, 155 AD3d 1007, 1008). [read post]
12 Jul 2015, 10:44 am by Schachtman
Supp. 3d 37 (D.D.C. 2014) (Leon, J.). [read post]
15 Nov 2008, 9:10 am
These allegations, which must be accepted as true on a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87), are sufficient to state a cause of action (see NWE Corp v Atomic Risk Management, 25 AD3d 349 [1st Dept 2006]). [read post]