Search for: "State v. Martinez"
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12 May 2022, 10:03 am
Arteaga-Martinez and Garland v. [read post]
6 May 2022, 4:12 am
“The amended complaint states a cause of action for legal malpractice and the documents submitted do not utterly refute the factual allegations underlying that cause of action (see generally Rudolf v Shayne, Dachs, Stanisci, Corker & Sauer, 8 NY3d 438, 442 [2007]; Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Goshen v Mutual Life Ins. [read post]
29 Apr 2022, 7:51 am
Luxshare Ltd. and AlixPartners LLP v. [read post]
25 Apr 2022, 12:55 pm
United States cases and its more recent plurality opinion in Chavez v. [read post]
23 Apr 2022, 3:03 am
But Roman Martinez, a lawyer for Mr. [read post]
21 Apr 2022, 8:56 am
United States gave Miranda v. [read post]
14 Apr 2022, 1:14 am
Martinez indicates through its various opinions that the Miranda violation is complete when a statement is wrongly admitted in violation of Miranda's rules; Dickerson v. [read post]
6 Apr 2022, 11:26 pm
[A new filing in Vega v. [read post]
4 Apr 2022, 3:58 am
On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7) for failure to state a cause of action, the court must afford the complaint a liberal construction, accept all facts as alleged in the complaint to be 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). [read post]
21 Mar 2022, 3:24 am
Leon v Martinez, 84 NY2d 83, 87-88 [1994]). [read post]
16 Mar 2022, 4:59 am
Skagit canoes pulled up onto beach near Coupeville, Whidbey Island Washington, ca. 1895Here are the new materials in United States v. [read post]
2 Mar 2022, 4:18 am
Therefore, at this stage, dismissal was not warranted under CPLR 3211(a)(7), or under CPLR 3211(a)(1), as defendant failed to provide documentary evidence that “conclusively establishes a defense to the asserted claims as a matter of law” (Leon v Martinez, 84 NY2d 83, 88 [1994]; Amsterdam Hospitality Group, LLC v Marshall-Alan Assoc., Inc., 120 AD3d 431, 432-433 [1st Dept 2014])” [read post]
31 Jan 2022, 8:30 am
The first, Biden v. [read post]
22 Jan 2022, 8:46 am
State v. [read post]
Justices will revisit whether certain noncitizens in lengthy detention are entitled to bond hearings
10 Jan 2022, 9:40 am
Arteaga-Martinez and Garland v. [read post]
6 Jan 2022, 9:42 am
State of Alaska (Indian Child Welfare Act) Martinez v. [read post]
3 Jan 2022, 12:23 pm
Ramirez: The justice will answer the following: “Whether application of the equitable rule the Supreme Court announced in Martinez v. [read post]
3 Jan 2022, 5:28 am
” “The complaint, as augmented by the affidavit of Singh submitted in opposition to the defendants’ motion to dismiss, sufficiently stated a cause of action for legal malpractice (see CPLR 3211[a][7]; Leon v Martinez, 84 NY2d 83, 87-88; Doe v Ascend Charter Schs., 181 AD3d 648, 649-650). [read post]
31 Dec 2021, 6:15 am
Here are the materials in Martinez v. [read post]
27 Dec 2021, 4:34 am
Accepting plaintiff’s averments and allegations as true (see Leon v Martinez, 84 NY2d 83, 87-88 [1994]; Berry v Ambulance Serv. of Fulton County, Inc., 39 AD3d 1123, 1124 [2007]) and inasmuch as the documentary evidence submitted by defendant does not conclusively refute them (see New York State Workers’ Compensation Bd. v Program Risk Mgt., Inc., 150 AD3d 1589, 1594 [2017]), Supreme Court correctly denied that part of the motion seeking… [read post]