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17 Jun 2024, 11:00 pm
FAILED TO SHOW HOW DOCTORS DEVIATED FROM THE STANDARD OF CAREAfter her doctors failed to diagnose her “reflex symptomatic dystrophy,” M.T. filed suit with the New York County Supreme Court.And when the doctors later sought dismissal of the case – via a motion for summary judgment – that request ended up getting denied.On appeal, the Appellate Division, First Department, noted that the defendants’ papers “sufficiently stated” that they did not… [read post]
17 Jun 2024, 11:51 am by Eugene Volokh
In an opposition to a motion by Luo for sanctions, the County listed other lawsuits Luo had filed using a pseudonym. [read post]
17 Jun 2024, 11:05 am by Richard Perry
Motion Practice: File motions to suppress evidence obtained unlawfully or motions to dismiss charges based on lack of probable cause or constitutional violations. [read post]
17 Jun 2024, 11:04 am by Eugene Volokh
Nor was the superior court required to consider evidence first presented in a motion to reconsider. [read post]
17 Jun 2024, 10:33 am by Eugene Volokh
Finally, it is not clear whether economic motive undergirds Plaintiffs' activities—so for purposes of the motion to dismiss, the Court concludes that it does not. [read post]
17 Jun 2024, 8:25 am by Eric Goldman
The court sidesteps this defense on Twitter’s motion to dismiss because of 230(c)(2)(A)’s good faith requirement. [read post]
17 Jun 2024, 7:59 am by James S. Friedman, LLC
The trial court originally granted the State’s motion to admit the child’s entire statement, finding that it was trustworthy and the child would testify at trial. [read post]
17 Jun 2024, 6:00 am by Public Employment Law Press
.), entered September 17, 2021, which, to the extent appealed from as limited by the briefs, granted defendant Board of Education of the City School District of the City of New York a/k/a The New York City Department of Education's (DOE) motion to dismiss to the extent of dismissing plaintiff's claims for vicarious liability for race discrimination and direct liability for race and gender discrimination, and granted defendant Sharon LaFia's motion to dismiss,… [read post]
17 Jun 2024, 6:00 am by Public Employment Law Press
.), entered September 17, 2021, which, to the extent appealed from as limited by the briefs, granted defendant Board of Education of the City School District of the City of New York a/k/a The New York City Department of Education's (DOE) motion to dismiss to the extent of dismissing plaintiff's claims for vicarious liability for race discrimination and direct liability for race and gender discrimination, and granted defendant Sharon LaFia's motion to dismiss,… [read post]
17 Jun 2024, 5:58 am by Benson Varghese
On June 12, 2024, the Court of Criminal Appeals handed down its decision in Heath v. [read post]
17 Jun 2024, 5:58 am by Benson Varghese
On June 12, 2024, the Court of Criminal Appeals handed down its decision in Heath v. [read post]
17 Jun 2024, 5:41 am by sim1koh2
Filing a Motion: The parent seeking modification must file a motion with the court that issued the original support order. [read post]
17 Jun 2024, 5:00 am
NO DUTY TO CONDUCT PERIODIC INSPECTIONS OF ONE’S HOMEAfter AMWP, Inc. suffered water damage due to the failure of a “flexible water supply line” that was situated in an upstairs neighbor’s master bedroom, he filed a lawsuit with the New York County Supreme Court, and the defendant-neighbor later asked that court for pre-trial dismissal of AMWP’s “negligence” and “gross negligence” claims.While the defendant wasn’t aware of the supply line… [read post]