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15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
Giving plaintiff 'the benefit of all favorable inferences which may be drawn from [the] pleading,' this Court determines only whether the alleged facts "fit within any cognizable legal theory' (Campaign for Fiscal Equity v State of New York, 86 NY2d 307, 318 [1995], quoting Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
14 Apr 2008, 3:34 am
Contrary to the dissent's conclusion, we need only determine that American has a cause of action, not whether it has stated one (see Leon, 84 NY2d at 88; Guggenheimer v Ginzburg, 43 NY2d 268, 275, 372 N.E.2d 17, 401 N.Y.S.2d 182). [read post]
10 Dec 2021, 9:23 am by Gene Takagi
Notable Events of the Week: “President Biden warned President Vladimir V. [read post]
13 Jul 2012, 2:40 am by Andrew Lavoott Bluestone
Here, accepting as true the facts alleged in the complaint and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88; AG Capital Funding Partners, L.P. v State St. [read post]
18 Aug 2011, 3:08 am by Andrew Lavoott Bluestone
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]
21 Jun 2011, 12:40 pm by John Elwood
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
18 Jun 2018, 4:00 am by Walter Dellinger
The Feb. 12, 1974, Memorandum to Independent Counsel Leon Jaworski. [read post]
6 Feb 2017, 8:13 am by Texas Employment Law Letter
Supreme Court’s landmark 2015 ruling on same-sex marriage in Obergefell v. [read post]