Search for: "State v. Martinez"
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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]
5 Nov 2021, 8:35 am
Martinez (2010). [read post]
1 Nov 2021, 11:14 am
Martinez, 561 U.S. 661, 680 (2010). [read post]
15 Oct 2021, 4:30 am
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
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]
