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19 Aug 2021, 4:00 am by Public Employment Law Press
The Appellate Division, affirming the lower court ruling in each action, said that "When a party moves to dismiss a complaint pursuant to CPLR 3211(a)(7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action," citing Sokol v Leader, 74 AD3d 1180. [read post]
19 Aug 2021, 4:00 am by Public Employment Law Press
The Appellate Division, affirming the lower court ruling in each action, said that "When a party moves to dismiss a complaint pursuant to CPLR 3211(a)(7), the standard is whether the pleading states a cause of action, not whether the proponent of the pleading has a cause of action," citing Sokol v Leader, 74 AD3d 1180. [read post]
17 Nov 2011, 3:11 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87; Sokol v Leader, 74 AD3d 1180). [read post]
18 Nov 2010, 1:49 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d 314, 326; Leon v Martinez, 84 NY2d 83, 87; Sokol v Leader, 74 AD3d 1180). [read post]
6 Oct 2021, 5:26 am by Andrew Lavoott Bluestone
 . cause of action” (Lawrence v Graubard Miller, 11 NY3d 588, 595 [2008] [emphasis and internal quotation marks omitted]; see Sokol v Leader, 74 AD3d at 1182). [read post]
18 Jun 2021, 3:04 am by Andrew Lavoott Bluestone
“A court is, of course, permitted to consider evidentiary material submitted by a defendant in support of a motion to dismiss pursuant to CPLR 3211 (a) (7)” (Sokol v Leader, 74 AD3d 1180, 1181 [2010]; see CPLR 3211 [c]). [read post]
18 Apr 2011, 1:45 am by Andrew Lavoott Bluestone
When determining a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), "the standard is whether the pleading states a cause of action," and "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'" (Sokol v Leader, 74 AD3d 1180, 1180-1181, quoting Leon v Martinez,… [read post]
2 Sep 2010, 3:38 am by Andrew Lavoott Bluestone
  "Contrary to the defendants' contention, there is no indication that the Supreme Court considered evidentiary submissions and, thus, the issue to be determined at this stage is not whether the plaintiffs have a cause of action, but only whether they have stated one (see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Sokol v Leader, 74 AD3d at 1181-1182). [read post]
28 Jan 2022, 3:59 am by Andrew Lavoott Bluestone
& N.J., 189 AD3d 1624, 1626; Sokol v Leader, 74 AD3d 1180, 1181), alleges that the last wrongful act was in December [*2]2006, when Allen, having exhausted all of his liquid assets, and at the urging of Devine and his cohorts, borrowed more than $20 million against a bond portfolio and wired the proceeds to the alleged shell entity. [read post]
26 Apr 2020, 4:25 pm by INFORRM
 In the hearing, independence blogger Stuart Campbell is appealing against a sheriff’s ruling in a defamation case he brought against the former Scottish Labour leader. [read post]
13 Jul 2012, 2:40 am by Andrew Lavoott Bluestone
Co. of N.Y., 98 NY2d 314, 326; Polonetsky v Better Homes Depot, 97 NY2d 46, 54; Guggenheimer v Ginzburg, 43 NY2d 268, 275; Peery v United Capital Corp., 84 AD3d 1201; Sokol v Leader, 74 AD3d 1180, 1180-1181; Reid v Gateway Sherman, Inc., 60 AD3d 836, 837; Roth v Goldman, 254 AD2d 405, 406), the complaint adequately stated a cause of action to recover damages for legal malpractice by alleging that during its representation of the… [read post]
12 Mar 2023, 9:05 pm by Richard J. Pierce, Jr.
The findings of the Sokol study are disturbing. [read post]
  In the New Year we will be covering another marquee seditious conspiracy trial, that of five top Proud Boy leaders, including the group’s former chairman, Enrique Tarrio. [read post]
24 Oct 2019, 9:16 am by Nate Nead
For the better part of the last decade, physician practices have seen a wave of consolidation by hospitals and private equity with 2018 being no exception [1]. [read post]
24 Oct 2019, 9:16 am by Nate Nead
For the better part of the last decade, physician practices have seen a wave of consolidation by hospitals and private equity with 2018 being no exception [1]. [read post]