Case law

In re Feil

27 Misc. 3d 274 · New York Surrogate's Court · Dec 23, 2009

Carole and Jeffrey are the coexecutors of Louis’s estate as well as the cotrustees of the trusts established by Louis’s will. … The intent of Louis Feil is established clearly and unambiguously in his will by the entirety of the circumstances — the use of a fixed sum in funding the continuing trusts, i.e., $20,000,000, and the repeated use of that

Grullon v. South Bronx Overall Economic Development Corp.

185 Misc. 2d 645 · Civil Court of the City of New York · Aug 9, 2000

The foregoing evidence adequately established plaintiffs prima facie case of disability discrimination — that he was disabled or perceived or regarded as being disabled, that he was terminated, that he was qualified and that … In any event, even if plaintiffs testimony alone was insufficient to establish that he suffered from the disability of alcoholism, plaintiff clearly submitted sufficient evidence from which the jury could infer and conclude

Gloria C. v. David P.

116 Misc. 2d 825 · New York Family Court · Dec 1, 1982

Briefly summarized, the relevant statute imposing a period of limitations in filiation proceedings establishes a two-year maximum within which proceedings may be brought unless paternity has been acknowledged in writing or … He claims that this filing: (A) was nullified by a superseding tax return when the exemption was disallowed by IRS; (B) did not qualify as an acknowledgment within the statute because not accompanied by his appearance and

Young v. Home Care Industries, Inc.

North Carolina Industrial Commission · Sep 27, 2002

Plaintiff can use the hand for some simple activities of daily living, but she is clearly frustrated with any serious use of the left hand. … Expert opinion that rests on speculation and conjecture is not sufficiently reliable to qualify as competent evidence concerning the nature and cause of an injury or disease. Young v.

Miranda v. Smyrna Building Corp.

180 Misc. 2d 649 · Civil Court of the City of New York · Jun 16, 1998

There is no limiting or qualifying language which refers to the fact that seller’s only obligation was to deliver the preliminary certificate. … In order to obtain summary judgment, the movant must establish his cause of action sufficiently as a matter of law to warrant the court to direct judgment in his favor, which the movant must establish and support by a tender

In re the Estate of Rathbone

170 Misc. 1030 · New York Surrogate's Court · Mar 10, 1939

The cited case, however, says that the corporation “ is clearly a charity.” … It relies on the manner of application of its finances to establish its right to take.

Opinion No. (2009)

Oklahoma Attorney General Reports · May 20, 2009

A review committee is established pursuant to 62 O.S.Supp. 2008, § 855[ 62-855 ]. … Inherent in the establishment of a TIF district is: A. 1.

Fred Messerle & Sons, Inc. v. Department of Revenue

8 Or. Tax 413 · Oregon Tax Court · Aug 29, 1980

majority of the bottom land soils on these ranches are classified type III or higher; IAG-10 may best suit the plaintiff’s "needs of our intended use and management *[419] for this land,” (see Def Ex A, 5th sheet), but it is clearly … Since we are incorporated, we do not qualify for reduced inheritance taxes.”

Opinion No. 72-211 (1972) Ag

Oklahoma Attorney General Reports · Nov 22, 1972

A provision of the Idaho Probate Code gave a mandatory preference for appointment as administrator of a decedent's estate to a male applicant over a female applicant, otherwise equally qualified. … If both a male and female sought appointment, though both were equally entitled and qualified, the appointment had to be decided on the basis of sex.

Opinion No. (1991) Ag

Oklahoma Attorney General Reports · Aug 5, 1991

(EMPHASIS ADDED) THE HIGHLIGHTED LANGUAGE CLEARLY DEMONSTRATES THAT CONTRIBUTING MEMBERS OF OPERS RECEIVE SERVICE CREDIT FOR SICK LEAVE IF THEY TERMINATE EMPLOYMENT AND ELECT A VESTED BENEFIT, AS WELL AS IF THEY RETIRE FROM … BUT GUIDANCE IS FOUND IN 74 O.S. 901 (1981), WHICH STATES THE PURPOSE OF OPERS AS FOLLOWS: THE PURPOSE OF THIS ACT IS TO PROVIDE AN ORDERLY MEANS WHEREBY EMPLOYEES OF THE PARTICIPATING EMPLOYER WHO QUALIFY BY REASON OF AGE

La Troncal Food Corp. and Vicente Intriago v. Director, Division of Taxation

New Jersey Tax Court · Oct 2, 2024

Clearly not. No. Q. Why do you say clearly not. A. … At trial the plaintiff presented the testimony of its president to establish that its business was profitable before the merger.

In re the Estate of Zahn

188 Misc. 856 · New York Surrogate's Court · Dec 13, 1946

So far as the insurance company claims immunity because it has paid out the policy proceeds in toio, an examination of some basic principles seems to be required. … Since the tax here is not a transfer tax but a true estate tax it is clearly collectible out of the corpus of the taxable estate before any part of it reaches the beneficiaries.

In re the Accounting of First National Bank of Binghamton

195 Misc. 793 · New York Surrogate's Court · Jun 17, 1949

Walker; that, Walter Werthamer being then deceased, she is the only person qualified to take and, as such, takes the entire remainder. … The presumption established by the statute was as strongly negatived as it could be. The testator validly expressed his will in this connection.

In re Corrado

2012 Ohio 4849 · Ohio Court of Claims · Jun 27, 2012

Specifically, one has to qualify as a family member. Family member is defined under R.C. 2743.51(X) as “an individual who is related to a victim by affinity or consanguinity.” … V2012-70041 - 7 - ORDER amount established by the legislature, this amount must be paid although it does not strictly comply with the language

Franklin v. Smith

1 Posey 229 · Texas Commission of Appeals · May 17, 1880

On another trial the defendants should amend their answer so as to distinctly and clearly set up their several defenses, so as to meet - the deficiencies and defects which we have herein indicated. … The cases to which we are referred in the brief of the counsel for the appellees do not qualify the general rule, so far as that rule relates to this case.

Sigma Phi Epsilon v. City of Hoboken

1 N.J. Tax 607 · New Jersey Tax Court · Nov 12, 1980

Monetary scholarships and loans are also available to qualified members through the respective national organizations of the plaintiffs. … The stated purposes are to establish and maintain a fraternity house for the use and comfort of members and to foster literary, social and fraternal intercourse among those members.

People v. Peluso

192 Misc. 2d 33 · Criminal Court of the City of New York · Jun 20, 2002

However, this court finds that the facts in Casey are clearly distinguishable from the instant case. … Each of those paragraphs assumes that the underlying basis to dismiss a count has been established.

Texas & P. Ry. Co. v. Baker

215 S.W. 556 · Texas Commission of Appeals · Nov 5, 1919

In the amendatory act the word “failure” is omitted, and. the “refusal” qualified and limited by the addition of the word “knowingly.” … The evidence establishes beyond doubt the causal connection between the negligent act and the injury in this respect.

Creech v. Siemens Ptd

North Carolina Industrial Commission · Jun 28, 2004

Therefore, plaintiff bears the burden of proof to establish by competent evidence that her disability was caused by the 13 November 2001 incident. 2. … While the evidentiary record clearly establishes plaintiff altered a medical note in an attempt to obtain benefits under the Act and likely staged a false or controlled "fall" in an attempt to secure additional benefits,

Discenza v. New York Racing Ass'n

134 Misc. 2d 3 · Civil Court of the City of New York · Nov 6, 1986

The Racing Rules establish the procedure to be followed where, as here, the second race in the daily double has been declared a "no race”. (See, 9 NYCRR 4011.8, 4009.1.) … To constitute an abuse of discretion, it must appear that it was exercised on grounds clearly untenable or to an extent clearly unreasonable. (Salmore v Empire City Racing Assn., supra.)