Case law

Washington v. Central State University

92 Ohio Misc. 2d 26 · Ohio Court of Claims · Apr 24, 1998

This decision clearly involved the exercise of professional discretion on the part of Dr. Smith, and the court will not substitute its own judgment for that of the university’s president. … The alleged defamatory communication was, therefore, protected by a qualified privilege. McKenna, supra.

Jacobs v. Newton

1 Misc. 3d 171 · Civil Court of the City of New York · Jul 8, 2003

Again, however, removal of any bar of immunity does not establish that Mr. Newton or his wife breached any duty to mother Newton. “There was, at common law, no legal duty upon a child to support his parents.” … Gordon testified about would qualify as evidence of discomfort or indignity.

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.

Window World of Baton Rouge, LLC v. Window World, Inc.; Window World of St. Louis, Inc. v. Window World, Inc.

2019 NCBC 53 · North Carolina Business Court · Aug 16, 2019

Attorney-Client Privilege and Work-Product Immunity 32. … As you can clearly see on the attached spreadsheet, [Plaintiff Jim Roland] has our exact rebate structure by item thanks to AMI.

In re the Account of Proceedings of Wagoner

133 Misc. 424 · New York Surrogate's Court · Jan 14, 1929

I do not understand this to be the law as established by the courts of this State. … Clearly the question as to whether the decedent herein was indebted to Mr.

In re the Estate of Bunker

183 Misc. 523 · New York Surrogate's Court · May 10, 1944

He or she may retain separate counsel for the establishment and collection of the claim. … They were also estopped under the terms of the decree to claim that the estate was a trust and not a legal life estate and that the husband should have qualified as a trustee.

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,

Kaloyeva v. Apple Vacations

21 Misc. 3d 840 · Civil Court of the City of New York · Oct 8, 2008

Admiral Travel was a designated red apple agent, that is a travel agent recommended by defendant as being highly qualified to book its vacations. … The facts established that defendant, Apple Vacations, through its golden and red apple travel agents had a continuous presence in New York and purposefully availed itself of transacting business in New York.

Zunce v. Rodriguez

22 Misc. 3d 265 · Civil Court of the City of New York · Oct 22, 2008

Pizarro nor the tenant of record, he is unable to qualify for the claimed exemption of a disabled person. … This was clearly a typographical error in the text. Obviously, the intended word is “spouses.” .

Ringgold Coal Mining Co. v. Taxation Division Director

4 N.J. Tax 321 · New Jersey Tax Court · Apr 29, 1982

There it was held that Clairol, a Delaware corporation having its nationwide sales department in New *329 York, was not immune from taxation. … As pointed out by defendant, although the facts of Hoeganaes are admittedly similar to the case at bar, Hoeganaes is clearly distinguishable.

Consolidated Edison Co. v. Jones

111 Misc. 2d 1 · Civil Court of the City of New York · Dec 10, 1981

To obtain an order of seizure, the plaintiff is required to submit an undertaking together with an affidavit which must clearly identify the chattel to be seized and state the following (CPLR 7102, subd [c]): “1. that the … To qualify for this protection the customer must notify the utility that such an emergency exists and duly submit certification of the condition by a medical doctor or a local board of health. 12 (2) ELDERLY, BLIND OR DISABLED

Golden Mountain Realty Inc. v. Severino

36 Misc. 3d 346 · Civil Court of the City of New York · Feb 29, 2012

” does not ultimately qualify for succession under section 2204.6 (d). … If respondent is a subtenant then 9 NYCRR 2204.6 (a) clearly requires that petitioner obtain a certificate of eviction from DHCR prior to commencement of this proceeding.

Siegel v. Univ. of Cincinnati College of Medicine

2024 Ohio 4946 · Ohio Court of Claims · Sep 4, 2024

Therefore, plaintiffs have failed to establish the first element of a fraud case regarding whether the coroner’s office was contacted. Did Dr. … Ringer’s representation that Jessica’s brain would be examined became apparent by December 2006, when the autopsy report clearly showed that the brain was not examined.

Margulis v. Teichman

125 Misc. 2d 729 · New York Surrogate's Court · Sep 12, 1984

Although this joint will is clearly irrevocable, to what disposition does it bind the survivor? … Here also, in article sixth, Thelma is appointed executrix upon the death of both testators and her sister Marilyn as successor if the first should fail to qualify or cease to act.

Job Haines Home for the Aged v. Township of Bloomfield

19 N.J. Tax 408 · New Jersey Tax Court · Feb 16, 2001

The opposite construction would place taxpayer in the anomalous position of having to lose money to qualify for an exemption. … First, the court pointed out that the taxpayer was unable to establish ownership of the property at the time it was previously exempt. See Hillcrest, supra, at 47-48 .

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.

Mc'Cartee v. Orphan Asylum Society

9 Cow. 437 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1827

These references clearly show the right to disposé of real estate, hy will in England, previous to the statute of Henry the Eighth. … He devises the estate to trustees, in trust for the Orphan Asylumt Society, to be applied to the charitable purposes for which thé association was established.

Hiatt v. Department of Revenue, Tc-Md 101271d (or.tax 6-15-2011)

Oregon Tax Court · Jun 15, 2011

Plaintiff must establish his claim "by a preponderance of the evidence, or the more convincing or greater weight of evidence." Schaefer v. Dept. of Rev. , TC No 4530, WL 914208 at *2 (July 12, 2001) (citing Feves v. … Defendant submitted receipts for items that clearly were personal and would not be allowable charitable donations.

Emanuel Lutheran Charity Board v. Department of Revenue

4 Or. Tax 410 · Oregon Tax Court · May 27, 1971

Tax Com., 239 Or 65, 69 , 396 P2d 212 (1964) (“* * * the rule of strict construction is established in Oregon tax law.”) … The plaintiff in that case clearly was an educational institution, eligible to claim exemption from taxation if its property came within the scope of ORS 307.130.

815 Park Owners, Inc. v. West LB AdminisTration, Inc.

119 Misc. 2d 671 · Civil Court of the City of New York · Jun 15, 1983

It is a well-established principle that an owner’s rights and remedies run with the land and may be assumed by a new owner. (See Real Property Law, § 223; Matter of 507 Madison Ave. … Frequently, in publicly funded or subsidized housing, a named qualified tenant may be required to actually occupy an apartment, as in the Mitchell-Lama program.