Search for: "STATE v MARTINEZ"
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16 Mar 2022, 4:59 am
Skagit canoes pulled up onto beach near Coupeville, Whidbey Island Washington, ca. 1895Here are the new materials in United States 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]
31 Jan 2022, 8:30 am
The first, Biden v. [read post]
22 Jan 2022, 8:46 am
State v. [read post]
Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings
10 Jan 2022, 9:40 am
Arteaga-Martinez and Garland v. [read post]
6 Jan 2022, 9:42 am
State of Alaska (Indian Child Welfare Act) Martinez v. [read post]
3 Jan 2022, 12:23 pm
Ramirez: The justice will answer the following: “Whether application of the equitable rule the Supreme Court announced in Martinez 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]
31 Dec 2021, 6:15 am
Here are the materials in Martinez v. [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]
9 Dec 2021, 4:34 pm
” But a 2012 Supreme Court decision, Martinez v. [read post]
7 Dec 2021, 12:05 pm
That conundrum last reached the Supreme Court in 2012 in Martinez v. [read post]
6 Dec 2021, 5:30 am
Martinez, 543 U.S. 371, 380 (2005) (same). [read post]
3 Dec 2021, 3:45 am
A 2012 Supreme Court case, Martinez v. [read post]
24 Nov 2021, 10:22 am
The standard of proof is not stringent, amounting only to some firsthand confirmation of the facts" (Joosten v Gale, 129 AD2d 531, 535 [1st Dept 1987]; see Martinez v Reiner, 104 AD3d 477, 478 [1st Dept 2013]; Beltre v Babu, 32 AD3d 722, 723 [1st Dept 2006]). [read post]
20 Nov 2021, 7:29 am
¹ Websites as public accommodations in the Second Circuit In Martinez v. [read post]
18 Nov 2021, 7:00 am
Arteaga-Martinez (Jan. 11): Whether a non-citizen who is detained under 8 U.S.C. [read post]
15 Nov 2021, 3:30 am
“The Noerr-Pennington doctrine protects the right under the First Amendment to the United States Constitution to petition the government for governmental action, including through litigation and activity incidental to litigation” (Matter of People v Northern Leasing Sys., Inc., 193 AD3d 67, 77 [citation omitted]; see Alfred Weissman Real Estate v Big V Supermarkets, 268 AD2d 101, 106-107). [read post]
5 Nov 2021, 8:35 am
Martinez (2010). [read post]
