Search for: "A Just Cause v. Martinez" Results 61 - 80 of 211
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15 Nov 2021, 3:30 am by Andrew Lavoott Bluestone
On a motion to dismiss a cause of action pursuant to CPLR 3211(a), the court must accept the facts as alleged in the complaint as 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 CPLR 3026; Leon v Martinez, 84 NY2d 83, 87-88). [read post]
27 Jun 2020, 5:11 am by Andrew Delaney
Petitioner wanted SCOV to follow the lead of the Big Court in Martinez v. [read post]
28 Mar 2008, 2:44 pm
This is particularly significant because the court cited the 4th Department's recent decision in Martinez v. [read post]
8 Mar 2015, 5:15 am by INFORRM
October 25, 2013: Listening to the Offspring’s `Bad Habit’ and the lyrics just ring true of what will go down very soon. [read post]
29 May 2015, 5:57 am
We will not stop this plan, we will cause chaos and terror. [read post]
14 Apr 2022, 1:14 am by Orin S. Kerr
Martinez indicates through its various opinions that the Miranda violation is complete when a statement is wrongly admitted in violation of Miranda's rules; Dickerson v. [read post]
10 Nov 2017, 4:25 am by Andrew Lavoott Bluestone
However, fraud is one of just a few causes of action singled out in the CPLR for such heightened standards of particularity in pleading (see CPLR 3016). [read post]
22 Jan 2007, 10:24 pm
Congress adopted the "conclusiv[e] … for the purposes of removal" language to "foreclose needless shuttling of a case from one court to another," Gutierrez de Martinez v. [read post]