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22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v Ginzburg, 43 NY2d 268,… [read post]
22 May 2024, 6:00 am by Public Employment Law Press
When evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, dismissal should not eventuate (see Guggenheimer v Ginzburg, 43 NY2d 268,… [read post]
8 May 2007, 1:32 am
Rafael Quiroz DUTCHESS COUNTYTrusts and EstatesDivorce Action Abated Upon Husband's Death; Sale Of Home Proceeds Allocated To Husband's Estate Estate of Gary W. [read post]
6 Apr 2023, 12:57 pm by bndmorris
Quiroz, Duke Ctr. for Firearms Law: Second Thoughts Blog (Feb. 22, 2023). [read post]