Case law

Kee v. Caromont Health, Inc.

North Carolina Industrial Commission · Apr 23, 2010

Defendant Caromont Health is a duly qualified self-insurer under the North Carolina Workers' Compensation Act with Key Risk Services, Inc. as their third party administrator. 3. … Plaintiff was given until December 5, 2008 to elect COBRA coverage, but she would have to make payments to cover the period beginning July 31, 2008 to qualify for continuing coverage.

In re the Estate of Alexander

90 Misc. 2d 482 · New York Surrogate's Court · Jun 6, 1977

But the statute itself permits the same result if the testator simply creates a gift over to one not qualified to contest. … Adoption of a new rule by this court would not alter the net result, and thus there is no compelling reason to change the established rule. If there is to be a constructive change, it should come from the Legislature.”

Opinion No. (1980) Ag

Oklahoma Attorney General Reports · Jan 18, 1980

The board of education of each school district, wherein school is expected to be conducted for the ensuing year, shall employ and contract in writing with qualified teachers for and in the name of the district. … As previously noted, this would include the minimum salary schedule for a teacher of the same experience, grade and academic rank as established by law.

Ryan v. State

13 Misc. 2d 282 · New York Court of Claims · Jul 8, 1958

administrator with limited letters of administration of the estate of the deceased herein having been duly appointed as such by order of the Surrogate of the County of Clinton, New York on September 11, 1957 and having duly qualified … Clearly, the deceased had no right to go upon the property and into the water for the purpose for which she did, for the property and the Barge Canal terminal facilities located thereon were not intended for any such use.

In re the Application for Revocation of the Letters Testamentary Issued to the American Security & Trust Co.

4 Mills Surr. 404 · New York Surrogate's Court · Dec 15, 1904

When the court has acted upon the probate of the will—admitted it to probate—and when the executor has qualified as required by law and letters have been issued to him out of and under the seal of the court, then and not … Even had the language of this statute been less' explicit in limiting its application to domestic trust companies it could not be held to embrace foreign trust companies, in the absence of language clearly indicating that

In re the Guardianship of Bowers

164 Misc. 2d 298 · New York Surrogate's Court · Mar 6, 1995

The two above-quoted statutes appear to be inconsistent but venue is clearly subordinate to jurisdiction. … Allowing the foreign fiduciary to qualify as guardian of the property in this court simply permits him to establish his status in order to be appointed *301 administrator of the estate in which his ward is interested (SCPA

Garrett LLC v. Noble County Assessor

112 N.E.3d 1168 · Indiana Tax Court · Sep 24, 2018

The Indiana Board stated that Garrett “failed to establish the property was exposed to the market for a reasonable time.” (See Cert. Admin. … Even though the transaction was not a market value sale, the Indiana Board noted that it was possible that this transaction could still qualify as a reliable indicator of the property’s 2016 market value-in-use.

In re the Construction of Last Will & Testament of Tallman

131 Misc. 863 · New York Surrogate's Court · Apr 20, 1928

All of this clearly establishes that this is a demonstrative legacy, and should be payable out of the general assets of the estate. In Crawford v. … It is because of such repugnance in fact that an apparently absolute estate cannot be cut down or qualified unless the intention is clear and definite.”

Haddock v. Volunteers of Am., Inc.

2021 NCBC 49 · North Carolina Business Court · Aug 25, 2021

from discovery shall not constitute a waiver of, or an estoppel as to any claim of, such privilege, immunity, or protection.” … The Agreement is clearly titled as an Independent Contractor Agreement. (Agreement 1.) Beyond the title of the Agreement, the terms of the Agreement are clear.

In re the Estate of Macauley

161 Misc. 525 · New York Surrogate's Court · Oct 24, 1936

Deceased’s sons qualified as executors. … The court holds the contrary and holds that nothing short of a clearly established estoppel would bar objectant from repudiating the acts of the executors even if they had in fact set up the trust as one of them now claims

Morton v. 338 West 46th Street Realty, LLC

45 Misc. 3d 544 · Civil Court of the City of New York · Aug 29, 2014

RA Krawczyk found that defendant could not establish that the building was vacant from 1986-1994 and therefore could not establish that it met the first criteria of substantial rehabilitation. … Clearly, defendant cannot now argue that its predecessor-in-interest was permitted to charge a free market rent, since DHCR has already found that the apartments are not exempt from rent stabilization and that determination

In re the Estate of Nickelsburg

34 Misc. 2d 82 · New York Surrogate's Court · Dec 7, 1961

The first sentence clearly says that the widow’s portion of the estate is to equal the amount of the maximum marital deduction that would be allowable in the Federal estate tax proceeding. … The testimony of the experts indicates the difference of opinion that can exist on valuation between honorable and qualified men engaged in that field.

Pawloski v. State

45 Misc. 2d 933 · New York Court of Claims · Mar 30, 1965

refusal of the G-rand Jury to indict, they established a prima facie case of false arrest and imprisonment. … It is an important principle of our political institutions that every person is entitled to immunity from arrest except by authority and for cause.

I. M. B. v. A. C. B.

407 A.2d 544 · Delaware Family Court · Nov 22, 1978

The funds established by the Plan are in the nature of an insurance trust to which an employee has no vested rights unless and until such employee qualifies for benefits under the terms of the Plan. … The language of Article VI, Section 5 clearly indicates that the motive for the clause is to ensure that SUB-Payments are used to fulfill the support obligations of the employee.

Gentry v. Collins

1 Posey 721 · Texas Commission of Appeals · Dec 20, 1880

Atkinson, nor did her husband qualify as survivor in community. … Jones, and is clearly distinguishable therefrom.

Curtiss Wright Corp. v. Wood-Ridge Borough

4 N.J. Tax 68 · New Jersey Tax Court · Jan 27, 1982

Clearly, it is only in its quasi-judicial capacity that it enters judgments and it is only “judgments” that will “freeze” assessments. … If a change in value occurs, the town is free to establish that fact and avoid the operation of the statute.

Sequoia Voting Systems, Inc. v. Ohio Secretary of State

125 Ohio Misc. 2d 7 · Ohio Court of Claims · Sep 3, 2003

As the chief elections officer in the state of Ohio, the Secretary of State has undertaken the responsibility for evaluating prospective vendors of electronic voting equipment in order to determine which vendors would be qualified … Sequoia was clearly expected to have the same opportunity and, under the terms of the RFP, it was entitled to that opportunity. {¶ 58} Given the express purpose of the evaluation process, which is to identify the Apparent

Hart v. Mayor of Albany

9 Wend. 571 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1832

The burthen of establishing the right rests upon the complainants. … On the other hand, there are many cases which clearly establish the contrary. In the case of Kirk v. Nowell, 1 T.

Truckstop Skatepark v. Deschutes County, Tc-Md 101114d (or.tax 3-1-2011)

Oregon Tax Court · Mar 1, 2011

property owned, leased, subleased or being purchased by it; and "(b) It is expressly agreed within the lease, sublease or lease-purchase agreement that the rent payable by the institution, organization or public body has been established … ORS 307.140 clearly states that "any part of any house of public worship or other additional buildings or property which is kept or *Page 6 used as a store or shop or for any purpose other than those stated in this section

In re Cooper

1 Pow. Surr. 563 · New York Surrogate's Court · Jan 15, 1894

The evidence clearly shown that during the last year of testator’s life Atwell rendered important and necessary services •for him. … It was held that the evidence clearly showed an intent on part of the testator to create a trust for the benefit of the plaintiff.