Search for: "Leon v. Martinez"
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17 May 2011, 12:39 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
30 Apr 2011, 5:53 pm
Martinez, 686 F. [read post]
18 Apr 2011, 1:45 am
To succeed on a motion to dismiss a complaint pursuant to CPLR 3211(a)(1), the documentary evidence relied upon by the defendant must "conclusively establish[] a defense to the asserted claims as a matter of law" (Leon v Martinez, 84 NY2d 83, 88). [read post]
11 Mar 2011, 3:40 am
As plaintiff seeks to recover a refund of an alleged overpayment of fees paid to the decedent, affording the complaint a liberal construction, and according its factual allegations every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Minsky v Haber, 74 AD3d 763, 764 [2010]), we find that plaintiff has asserted a breach of contract claim (see Reidy v Martin, 77 AD3d 903 [2010]; Henry v Brenner, 271 AD2d 647, 648… [read post]
18 Nov 2010, 1:49 am
Co. of N.Y., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87; Sokol v Leader, 74 AD3d 1180). [read post]
9 Aug 2010, 10:33 am
AUTO – GRAVES AMENDMENT – RENTED VEHICLE – MOTION TO DISMISS – INSUFFICIENT EVIDENTIARY FOUNDATION FOR AUTHENTICATING RENTAL AGREEMENT AS A BUSINESS RECORD Merine v. [read post]
28 Jun 2010, 2:11 am
in Kram Knarf, LLC v Djonovic ;2010 NY Slip Op 05464 ;Decided on June 22, 2010 ;Appellate Division, First Department we see the following explanation: "Accepting the facts alleged in the complaint as true and according plaintiffs the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]), we agree that the allegations that defendant attorneys negligently gave their plaintiff clients an incorrect explanation… [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]
1 Jun 2010, 3:37 am
Co. of N.Y., 98 NY2d 314, 326; see Leon v Martinez, 84 NY2d at 88; Russo v Macchia-Schiavo, 72 AD3d 786; Martin v New York Hosp. [read post]
17 Feb 2010, 1:21 pm
In MODIFYING the order appealed from to grant Allstate's motion to dismiss the breach of contract action, as well, the Fourth Department held: Even accepting all of the facts alleged by plaintiff in his complaint as true and according him the benefit of every favorable inference, as we must in the context of defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (see Leon v Martinez, 84 NY2d 83, 86-87; Kumar v American Tr. [read post]
3 Feb 2010, 3:20 am
Retirement Trust v Brown, Raysman, Millstein, Felder & Steiner, 96 NY2d 300, 303; Leon v Martinez, 84 NY2d 83, [*2]87-88). [read post]
19 Jan 2010, 3:50 am
Although plaintiffs' evidence may be insufficient to withstand a motion for summary judgment, on an unconverted preanswer motion to dismiss, plaintiffs' allegations are accepted as true and are entitled to the benefit of every reasonable inference (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Rovello v Orofino Realty Co., 40 NY2d 633, 634 [1976]). [read post]
18 Jan 2010, 9:24 pm
Co., 12 AD3d 1110; Acquista v New York Life Ins. [read post]
21 Dec 2009, 9:18 am
Even accepting as true all of plaintiff's allegations and giving it the benefit of all favorable inferences ( see Leon v. [read post]
11 Nov 2009, 3:20 am
" "In Leon v. [read post]
4 Oct 2009, 10:06 am
Pac., LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 38 AD3d 34, 38; see AG Capital Funding Partners, L.P. v State Street Bank and Trust Co., 5 NY3d 582, 591; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
4 Oct 2009, 10:06 am
Pac., LLC v Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, 38 AD3d 34, 38; see AG Capital Funding Partners, L.P. v State Street Bank and Trust Co., 5 NY3d 582, 591; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
12 Aug 2009, 4:31 am
" Plaintiff alleges that he did not know that under the applicable tax laws the necessary funds were not "immediately available" — we must accept that allegation as true (see Leon v Martinez, 84 NY2d 83, 87 [1994]) —- and that a reasonably competent matrimonial attorney who read the stipulation would not have advised him to sign it. [read post]
29 May 2009, 4:12 am
"To demonstrate entitlement to dismissal of a complaint pursuant to CPLR 3211(a)(1), the documentary evidence submitted must conclusively establish a defense to the asserted claims, as a matter of law (see Leon v Martinez, 84 NY2d 83, 87-88; Williams v Williams, 36 AD3d 693, 695; New York Community Bank v Snug Harbor Sq. [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]
