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13 Dec 2021, 3:06 am by Andrew Lavoott Bluestone
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]
10 Dec 2021, 9:23 am by Gene Takagi
Notable Events of the Week: “President Biden warned President Vladimir V. [read post]
29 Nov 2021, 11:24 am by Public Employment Law Press
This is especially true in CPLR article 78 proceedings (Matter of Leone v Blum, 73 A.D.2d 252, 274, mot for lv to app granted 50 N.Y.2d 1042). [read post]
29 Nov 2021, 11:24 am by Public Employment Law Press
This is especially true in CPLR article 78 proceedings (Matter of Leone v Blum, 73 A.D.2d 252, 274, mot for lv to app granted 50 N.Y.2d 1042). [read post]
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]
31 Oct 2021, 5:45 pm by INFORRM
” Media Law in Other Jurisdictions Australia In the case of Nassif v Seven Network [2021] FCA 1286. [read post]
15 Oct 2021, 4:30 am by Public Employment Law Press
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 by Public Employment Law Press
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]
30 Sep 2021, 10:33 am by Pamela Wolf
Further, the employee failed to prove a likelihood of success on the merits, not having articulated reasons for his assertion that he was “forced to forgo a prayer practice” by not being able to work from home (Leone v. [read post]
11 Sep 2021, 8:16 am by Franklin C. McRoberts
” The Decisions In a pair of Decisions and Orders available here and here, Kings County Commercial Division Justice Leon Ruchelsman granted Peter a broad preliminary injunction, then narrowed the scope of the injunction. [read post]
11 Sep 2021, 8:16 am by Franklin C. McRoberts
” In a pair of Decisions and Orders available here and here, Kings County Commercial Division Justice Leon Ruchelsman [read post]
25 Aug 2021, 4:30 am by Michael C. Dorf
That, in turn, led to his lawyers mounting a number of challenges in courts across the country, even reaching the Supreme Court in the case of Texas v. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
Further, said the court, "In considering such a motion, the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory", noting the Court of Appeals ruling in Leon v Martinez, 84 NY2d 83. [read post]