Case law

In re the Estate of Mede

177 Misc. 2d 974 · New York Surrogate's Court · Jul 16, 1998

Clearly, the trustee has been afforded considerable latitude in choosing the investment vehicle. … of care established for fiduciaries.

Williams v. University of Cincinnati

112 Ohio Misc. 2d 36 · Ohio Court of Claims · Jun 4, 2001

In order to defeat a qualified privilege, plaintiff must establish actual malícp. by clear and convincing evidence. Bartlett v. Daniel Drake Mem. Hosp. (1991), 75 Ohio App.3d 334, 340 , 599 N.E.2d 403, 407 . … Lack of innocent motive is not enough to establish actual malice. A & B-Abell, 73 Ohio St.3d at 11 , 651 N.E.2d at 1292.

Yu v. Ohio State Univ. Med. Ctr.

2017 Ohio 8697 · Ohio Court of Claims · Oct 27, 2017

Gonzalez, 17 Ohio St.3d 136 (1985), syllabus. {¶11} Although plaintiff argues in his response that he is not pursuing a claim of lack of informed consent, the allegations in his complaint and his deposition testimony clearly … Ohio Welding Prods., Inc., 15 Ohio St.3d 75, 77 (1984). {¶13} OSUMC argues that plaintiff cannot show that it breached any duty owed to him, because OSUMC provided him with a qualified interpreter through its contract

Kalb v. Chemical Bank New York Trust Co.

62 Misc. 2d 458 · Civil Court of the City of New York · Nov 14, 1969

Kalb, and qualified that testimony by further stating she had seen Mrs. … rules the bank promised to “ endeavor ” to do, a fact or circumstance is brought to the knowledge of the officers, which is calculated to, and ought to excite the suspicion and inquiry of an ordinarily careful person, it is clearly

In re the Probate of a Paper Writing Purporting to be the Last Will & Testament of Albinger

1 Mills Surr. 446 · New York Surrogate's Court · Dec 15, 1899

Under the letters “Al” in the alleged signature there is clearly an erasure, and an apparent reinforcing of part of the letter “ b.” … A person is not qualified to act as an expert witness by having merely been engaged in collecting the evidence in the cause. U. S. v. Mathias, 36 Fed. 892 .

In re Bach's Estate

12 N.Y.S. 712 · New York Surrogate's Court · Dec 12, 1890

This ruling was clearly improper. … It is one which appears to me, from the cases which have been already cited and from those which are to follow, to be most conclusively established. ” The rule seems to have been established in this case that the cestui que

Volvo Grp. N. Am., LLC v. Roberts Truck Ctr., Ltd.

2020 NCBC 28 · North Carolina Business Court · Apr 8, 2020

“If the parties agreed to define a term, and the [contract] contains a definition of a term used in it, this is the meaning which must be given to that term wherever it appears in the [contract], unless the context clearly … The Court concludes that there are fact disputes that must be resolved before establishing the 2017 Volvo sales quota against which Roberts’ performance must be measured.

Opinion No. 90-Xxx (1990)

Oklahoma Attorney General Reports · Mar 26, 1990

(CITATION OMITTED) THE SALES SLIPS DO, HOWEVER, QUALIFY AS "ITEMS". AN ITEM IS "ANY INSTRUMENT FOR THE PAYMENT OF MONEY EVEN THOUGH IT IS NOT NEGOTIABLE BUT DOES NOT INCLUDE MONEY". (CITATION OMITTED). … THIS SECTION OF LAW ALSO ESTABLISHES THE DUTY OF MOST STATE AGENCIES, OFFICERS AND EMPLOYEES TO MAKE DEPOSITS INTO THESE AGENCY CLEARING ACCOUNTS AND AGENCY SPECIAL ACCOUNTS SUBPART B OF SECTION 7.1 PROVIDES IN PERTINENT

People v. Nunez

36 Misc. 3d 172 · Criminal Court of the City of New York · Apr 6, 2012

This risk clearly would be heightened by the alleged prevalence of smoking and cooking in a relatively small space. … The “99%” is clearly a majority and can make its voices heard in a legal, organized manner if that is its wish.

Smith v. State

191 Misc. 2d 553 · New York Court of Claims · Apr 24, 2002

The photo taken in August 1979 clearly depicts that a post and its angle bracket have separated from the box beam rail and are angled downward (exhibit 51). Mr. … In claims based upon negligent design, the state is entitled to qualified immunity for claims arising out of its highway planning decisions, unless its study was plainly inadequate or lacked a reasonable basis (see, Weiss

Satorre v. Admin. Office of Courts

North Carolina Industrial Commission · Nov 1, 2005

Tesfaye explained that he is qualified to determine whether tremors or spells are pathological or psychogenic. … Shoemaker further explained that his testing revealed that plaintiff has a genetic marker, HLADR, of the immune response genes associated with increased susceptibility to mold.

Oaken Bucket Partners, LLC v. Hamilton County Property Tax Assessment Board of Appeals

914 N.E.2d 868 · Indiana Tax Court · Sep 30, 2009

On July 29, 2009, this Court issued an opinion in the above-captioned case holding that a portion of Oaken Bucket Partners, LLC's (hereinafter, "Oaken Bucket") real property qualified for a charitable/religious purposes exemption … In this case, the totality of the evidence established that Oaken Bucket possessed its own charitable purpose and that its property was both occupied and predominately used for religious purposes. See Id. at 1134-38 .

People v. Viggiani

105 Misc. 2d 210 · Criminal Court of the City of New York · Sep 22, 1980

Several prospective jurors asked to approach the Bench and in the presence of both counsel were excused for *211 cause because they clearly indicated they could not sit as unbiased and impartial jurors in a case involving … It is the finding of this court that the facts of this case do not establish, as a matter of law, a relationship which warrants exclusion of a prospective juror under CPL 270.20.

In re Baker

6 Dem. Sur. 271 · New York Surrogate's Court · Aug 15, 1887

James Murphy, who was named in his will as one of the executors and trustees of his estate, qualified as such, and duly performed the duties of that office until his death, in August, 1880. … It does not clearly appear whether the amount of the income received by this accounting trustee, down to the date of the death of William Baker, was or was not in excess of the claims of the testator’s widow and his widow

Opinion No. (2002)

Oklahoma Attorney General Reports · Dec 17, 2002

for social security, while it does not do so for those who do not qualify." … one [1] year or more, prior to the established date of this disability claim.

Snodgrass v. Robertson

167 S.W.2d 534 · Texas Commission of Appeals · Dec 18, 1942

Certainly the testimony does not conclusively establish such contentions by the appellant. … The trial court qualified the bill to some extent.

In re the Probate of the Will of Oliver

1 Gibb. Surr. 318 · New York Surrogate's Court · Jul 15, 1895

The scheme of the instrument is clearly expressed. If Mr. Fyle’s testimony is to be credited, after the paper was typewritten, it was delivered to Mr. … The question was again considered in Matter of Marsh, 45 Hun, 107 , in a proceeding to establish a lost will.

In re the Accounting of Flower

5 Misc. 2d 1035 · New York Surrogate's Court · Apr 19, 1957

But, whether or not the above-mentioned established rules of construction result in a determination of what, in truth and in fact, the testamentary intent was, at least, they do resolve the ambiguity. … An example of this indication of the testator’s having *1040 intended a deferment in vesting is clearly shown in cases where he qualifies the class of beneficiaries by such an expression as, then living ”, the “ then ” clearly

Wright v. Dept. of Rev.

19 Or. Tax 29 · Oregon Tax Court · Apr 27, 2006

reasonably plausible, and because taxpayers have not presented the kinds of evidence described in OAR 150-305.820(2)(b), the court cannot hold that the department "acted capriciously or arrived at a conclusion which was clearly … As such, they could not be the basis of an estoppel claim, Welch, 314 Or at 717 -18 , even if they were less qualified and noncommittal than they are. *Page 37

Jackson v. Templin

66 S.W.2d 666 · Texas Commission of Appeals · Dec 30, 1933

She duly qualified, executed the bond, and took charge of Kate Jackson’s estate. … Clearly this authority is not in point. In Tomlinson v. H. P. Drought & Co. (Tex. Civ. App.) 127 S.