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19 Jul 2024, 4:47 am by Andrew Lavoott Bluestone
“On a motion to dismiss pursuant to CPLR 3211 (a) (7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference” (Angeli v Barket, 211 AD3d 896, 897 [2022]; see Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
16 Jul 2024, 3:33 am by SHG
” The Supreme Court, in a unanimous decision, United States v. [read post]
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
11 Jun 2024, 5:00 am by Public Employment Law Press
"On a motion to dismiss pursuant to CPLR 3211(a)(7), the complaint must be afforded a liberal construction, the facts therein must be accepted as true, and the plaintiff must be accorded the benefit of every possible favorable inference" (Angeli v Barket, 211 AD3d 896, 897; see Leon v Martinez, 84 NY2d 83, 87). [read post]
10 Jun 2024, 4:00 am by Administrator
… Canadian Privacy Law Blog OKImportant new Ontario court decision on privilege in incident response documentation The Ontario divisional court has just released a decision, LifeLabs LP v. [read post]
3 Jun 2024, 4:31 am by Franklin C. McRoberts
We encountered this problem in our article about Eikenberry v Lamson, in which Kings County Commercial Division Justice Leon Ruchelsman wrote that it is “well settled in New York that a partnership or a joint venture may not operate through a corporate form and that any fiduciary obligations that the partners owe one another cease to exist once they agree to conduct business as a corporation,” but that there is an “exception” to this rule “where the… [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading 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 Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
22 May 2024, 6:00 am by Public Employment Law Press
In considering a motion pursuant to CPLR 3211(a)(7) to dismiss a complaint for failure to state a cause of action, the court must afford the pleading a liberal construction, accept the facts as alleged in the pleading 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 Leon v Martinez, 84 NY2d 83, 87; Bumpus v New York City Tr. [read post]
20 May 2024, 5:00 am by Josh Blackman
In the wake of the announced boycott against Columbia University, I posed several questions to Judge Matthew Solomson of the U.S. [read post]
15 May 2024, 3:56 am by Andrew Lavoott Bluestone
The court properly dismissed plaintiff’s claim pursuant to CPLR 3211(a)(7) because he failed to state a cause of action (Leon v Martinez, 84 NY2d 83, 87 [1994]). [read post]
13 May 2024, 4:50 am by Franklin C. McRoberts
But a recent decision by Kings County Commercial Division Justice Leon Ruchelsman, Kordonsky v Brudoley, Decision and Order [Sup Ct, Kings County Mar. 26, 2024]), highlights some of the shortcomings of the intervention procedure for unnamed owners in derivative cases. [read post]
21 Apr 2024, 7:44 am by Just Security
by Joana de Andrade Pacheco (@_JoanaPacheco) United Nations – Srebrenica Genocide Critical UN Move: Draft Resolution Confronts Genocide Denial in the Balkans by Leon Hartwell (@LeonHartwell) and Hikmet Karčić (@hikmet_karcic) Podcast: Presidential Immunity The Just Security Podcast: United States v. [read post]
3 Apr 2024, 4:08 pm by admin
When expert witnesses rely upon one or a few studies, which telegraph internal validity, this litigation strategy may provide the strongest evidence against the study’s being reasonably relied upon, or its providing “sufficient facts and data” to support an admissible expert witness opinion. [1] Daubert v. [read post]