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20 May 2022, 9:30 am
” April 4: The Speaker of the Albanian Parliament Lindita Nikolla states: “The mass killings of innocent people in Bucha and other regions of Ukraine show that the violence of the Russian army is escalating into forms of genocide. [read post]
6 May 2022, 4:12 am
“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
2 May 2022, 4:12 am
Dial Car Inc. v Kordonsky 2022 NY Slip Op 31067(U) March 31, 2022 Supreme Court, Kings County Docket Number: Index No. 521900/2021 Judge: Leon Ruchelsman is a case which has been brought previously and is now in its second amended complaint. [read post]
4 Apr 2022, 3:58 am
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the complaint a liberal construction, accept all facts as alleged in the complaint to be true, accord the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory (see Leon v Martinez, 84 NY2d 83, 87). [read post]
21 Mar 2022, 3:24 am
Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
19 Mar 2022, 2:09 pm
., that an individual will become ill or die within a stated period of time or by a certain age). [read post]
11 Mar 2022, 6:49 am
Bates; Colleen Kollar-Kotelly; Richard Leon (minute entry); and Christopher Cooper. [read post]
8 Mar 2022, 5:00 am
Supreme Court’s statement in Reiter v. [read post]
2 Mar 2022, 4:18 am
Therefore, at this stage, dismissal was not warranted under CPLR 3211(a)(7), or under CPLR 3211(a)(1), as defendant failed to provide documentary evidence that “conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]; Amsterdam Hospitality Group, LLC v Marshall-Alan Assoc., Inc., 120 AD3d 431, 432-433 [1st Dept 2014])” [read post]
28 Feb 2022, 7:41 am
The post LEON HAUGHTON v. [read post]
28 Feb 2022, 4:38 am
And while they can be stated with disarming simplicity, rarely is their application quite as simple. [read post]
7 Feb 2022, 4:29 am
In another First Department decision earlier this month, the court in Newman v Newman affirmed a decision by Manhattan Commercial Division Justice Barry R. [read post]
20 Jan 2022, 6:01 am
JASTA cited Halberstam v. [read post]
13 Jan 2022, 8:05 am
The case Leon Wilson v. [read post]
3 Jan 2022, 5:28 am
” “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]
27 Dec 2021, 4:34 am
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking… [read post]
13 Dec 2021, 3:06 am
Viewing the complaint in the light most favorable to the plaintiff (see Leon v Martinez, 84 NY2d at 87-88), it failed to plead specific factual [*2]allegations as to proximate cause. [read post]
12 Dec 2021, 2:22 pm
., that an individual will become ill or die within a stated period of time or by a certain age). [read post]
10 Dec 2021, 9:23 am
Notable Events of the Week: “President Biden warned President Vladimir V. [read post]
29 Nov 2021, 11:24 am
This is especially true in CPLR article 78 proceedings (Matter of Leone v Blum, 73 A.D.2d 252, 274, mot for lv to app granted 50 N.Y.2d 1042). [read post]
