Search for: "Marks v. Mutual Life Ins. Co. of New York" Results 1 - 10 of 10
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30 Aug 2012, 1:51 am by Andrew Lavoott Bluestone
A motion pursuant to CPLR 3211(a)(1) may be granted "only where the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law" (Goshen v Mutual Life Ins. [read post]
12 Jul 2011, 1:20 pm by Andrew Lavoott Bluestone
A motion pursuant to CPLR 3211(a)(1) may be granted "only where the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law" (Goshen v Mutual Life Ins. [read post]
24 Feb 2023, 5:18 am by Andrew Lavoott Bluestone
Accordingly, defendants have not conclusively established a defense to these claims as a matter of law (see CPLR 3211[a][1]; Goshen v Mutual Life Ins. [read post]
6 Oct 2021, 5:26 am by Andrew Lavoott Bluestone
Under CPLR 3211 (a) (1), a dismissal is warranted only where the documentary evidence utterly refutes the plaintiff’s factual allegations, conclusively establishing a defense as a matter of law (see Goshen v Mutual Life Ins. [read post]
11 Feb 2016, 7:34 am by MOTP
The trial court ordered the parties to arbitration, appointed Judge Mark Davidson to arbitrate, and stayed the proceedings pending the outcome of the arbitration. [read post]
23 Mar 2012, 11:13 am by Wahab & Medenica LLC
For example, New York Labor Law §201-d protects employees engaging in recreational or certain political activities if they are off duty and not using work equipment or work property. [read post]
18 Dec 2019, 4:00 pm
Nevertheless, the new rules come as welcome news to employers and plan administrators who have been waiting for an electronic disclosure regime that reflects the modern workplace. [read post]