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26 Dec 2012, 4:11 am
" Noting that a plaintiff’s pleading is to be afforded a liberal construction, the Appellate Division held that “the facts alleged in the complaint are to be accepted as true, and plaintiff is to be accorded the benefit of every possible favorable inference,” citing Leon v Martinez, 84 NY2d 83. [read post]
10 Jan 2019, 11:38 pm
Hello to: Judge Betsy Alvarez-ZaneJudge Michael BarketJudge Lizzet MartinezJudge Kristy NunezJudge Thomas Rebull (from Circuit Civil)Judge Eleane Sosa-BruzonJudge Jacqueline Woodward Goodbye to: Judge Cristine BandinJudge Michelle Barakat Judge Gordon MurrayJudge Martin Zilber (to Circuit Civil)JUDICIAL ROTATIONS 2019 (CLICK FOR LINK TO COMPLETE LIST)Abreu, Milena NEW HIA County Civil 01Alvarez-Zane,… [read post]
28 Jul 2020, 10:25 am
., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 88; Rodolico v Rubin & Licatesi, P.C., 114 AD3d 923, 924). [read post]
5 Apr 2023, 8:24 pm
Co. (204 AD3d 525 [1st Dept 2022]) , citing Bentoria, AFFIRMED Supreme Court's order granting the insurer's pre-answer CPLR 3211(a)(1) motion to dismiss the complaint based on documentary evidence, holding:The documentary evidence conclusively establishes a defense to plaintiff's claims (CPLR 3211[a][1]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
10 May 2012, 2:45 am
., 98 NY2d at 326; Leon v Martinez, 84 NY2d at 87-88; Peery v United Capital Corp., 84 AD3d 1201). [read post]
23 May 2011, 11:47 pm
Leon, 468 U.S. 897 (1984), and Malley v. [read post]
25 Sep 2018, 4:21 am
Martinez are actually applied. [read post]
5 Sep 2019, 4:33 am
., 98 NY2d 314, 326 [2002]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
6 Apr 2012, 2:50 am
., Inc. v Mann, 83 AD3d 793, 796, quoting Guggenheimer v Ginzburg, 43 NY2d 268, 275; see Leon v Martinez, 84 NY2d 83, 87-88). [read post]
27 Jul 2018, 4:30 am
“On a motion to dismiss under CPLR 3211, the pleading is to be given a liberal construction, the allegations contained within it are assumed to be true and the plaintiff is to be afforded every favorable inference” (Simkin v Blank, 19 NY3d 46, 52; see Leon v Martinez, 84 NY2d 83, 87; Hershco v Gordon & Gordon, 155 AD3d 1007, 1008). [read post]
13 Aug 2021, 6:06 pm
For example, Variety reported that Councilmember Kevin de Leon stated, “This is a no-brainer. [read post]
12 Jan 2012, 1:10 am
"Accepting the allegations in plaintiff's complaint as true and resolving all inferences in her favor, as we must in considering a motion to dismiss (see Leon v Martinez, 84 NY2d 83, 87 [1994]; Benn v Benn, 82 AD3d 548, 548 [2011]), this legal malpractice action accrued in California at the latest in November 2007, when plaintiff received defendants' letter unequivocally informing her that they were no longer representing her or prosecuting her underlying… [read post]
3 Oct 2017, 3:44 am
” Leon v. [read post]
17 Feb 2010, 1:21 pm
In MODIFYING the order appealed from to grant Allstate's motion to dismiss the breach of contract action, as well, the Fourth Department held: Even accepting all of the facts alleged by plaintiff in his complaint as true and according him the benefit of every favorable inference, as we must in the context of defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (see Leon v Martinez, 84 NY2d 83, 86-87; Kumar v American Tr. [read post]
20 Sep 2018, 5:00 am
., 98 NY2d 314, 326; see Leon v Martinez, 84 NY2d 83, 88). [read post]
17 Aug 2011, 2:48 am
Shanlev v Welch, 31 A.D.3d 1127 (2006); see also Leon v Martinez, 84 NY2d 83 (1 994) (plaintiffs pleaded enough to infer existence of attorney-client relationship where defendant attorneys had drafted agreement between their client and plaintiffs in which client agreed to pay portion of lawsuit proceeds to plaintiffs ). [read post]
24 Sep 2018, 4:38 am
Co. of New York, 98 NY 314, 326 [2002]; Leon v Martinez, 84 NY2d 83, 88 1994]). [read post]
13 Jul 2012, 2:40 am
Here, accepting as true the facts alleged in the complaint and according the plaintiff the benefit of every favorable inference (see Leon v Martinez, 84 NY2d 83, 87-88; AG Capital Funding Partners, L.P. v State St. [read post]
3 Oct 2019, 4:32 am
” “Viewing the complaint in the· light most favorable to the plaintiff (see Leon v Martinez,84 NY2d at 87-88), it fails to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome in the underlying medical malpractice action or that plaintiff would not hav~ incurred any damages (see Tortura v Sullivan Papain Block McGrath & Cannavo, P.C., 21 AD3d at… [read post]
3 Mar 2023, 4:39 am
Here, even accepting the facts alleged in the complaint as true, and according Mid City the benefit of every possible favorable inference (see Leon v Martinez, 84 NY2d 83, 87), the complaint failed to plead specific factual allegations demonstrating that, but for the defendants’ alleged negligence, there would have been a more favorable outcome regarding the termination of Mid City’s status as a DBE (see Rudovic v Law Off. of Timothy A. [read post]
