Case law

People v. Popko

33 Misc. 3d 277 · Criminal Court of the City of New York · Jun 28, 2011

The officer testified that before being qualified as an IDTU technician, he completed approximately one week of classroom training including a course with the New York City Police Department, and he has been a breathalyzer … As reflected in the videotape that was reviewed by the court, the officer clearly states on the tape that the defendant told him he understood a little bit of English.

In re the Estate of Certoma

55 Misc. 3d 908 · New York Surrogate's Court · Apr 19, 2017

Turning now to the relevant law, the requirements necessary to admit a lost or destroyed will to probate are set forth in SCPA 1407 which provides that a copy may be admitted to probate only if it has been established that … Letters testamentary shall issue to petitioners upon their duly qualifying.

19 W. 36th Holding Corp. v. Parker

193 Misc. 2d 519 · Civil Court of the City of New York · Aug 9, 2002

Pursuant to CPLR 3212, a grant of summary judgment is permissible in cases where there is clearly no material and triable issue of fact presented. … Multiple Dwelling Law § 286 (12) states that: “No waiver of rights pursuant to this article by a residential occupant qualified for protection pursuant to this article made prior to the effective date of the act which added

In re the Estate of Weed

1 Gibb. Surr. 200 · New York Surrogate's Court · Dec 15, 1894

Proceedings were thereafter commenced in the Surrogate’s Court to establish and probate said destroyed will, and, after considerable time spent in litigation, the same was duly admitted to probate. … As he had not assumed to act and did not propose to qualify as an executor, he had the same right to take an assignment of Mrs. Johnson’s legacy as any other individual, and pay therefor any sum that Mrs.

New Jersey Ass'n of School Business Officials, Inc. v. Hamilton Township

22 N.J. Tax 467 · New Jersey Tax Court · Aug 8, 2005

For the following reasons, I conclude that the property is not qualified for exemption. … The record clearly establishes that appellant has no activities in the fields of protective legislation or medical economics. [Id. at 365-66, 221 A.2d 15 ].

In re the Estate of Silverman

163 Misc. 2d 602 · New York Surrogate's Court · Jan 5, 1995

Gulino, his proof fails to establish this. In applying the Latham standard, the court finds that John P. Gulino is not ineligible to receive letters testamentary pursuant to SCPA 707 (1) (e). … The propounded instrument, dated February 25, 1978, shall be admitted to probate and letters testamentary shall issue to the petitioner and cross petitioner, upon their duly qualifying according to law.

In re the Estate of Callahan

142 Misc. 28 · New York Surrogate's Court · Nov 23, 1931

The appointee duly qualified by filing a bond with the Commercial Casualty Insurance Company as surety. … The petitioner has clearly demonstrated the solemnization of a ceremonial marriage between herself and the decedent. This gives rise to a true presumption of its validity.

Cocks v. Barlow

5 Redf. 406 · New York Surrogate's Court · Jun 15, 1881

While she qualified as executrix by advice of counsel, without understanding what she did, I find no evidence whatever that she did, or attempted to do, any act as executrix or trustee. … That belongs to the estate, and the widow is clearly entitled to any benefit which may be derived' from it.

Kirk v. Ohio State Univ. Med. Ctr.

2011 Ohio 370 · Ohio Court of Claims · Jan 13, 2011

The parties shall submit expert reports in accordance with the schedule established by the court. {¶ 11} “A party may not call an expert witness to testify unless a written report has been procured from said witness … If the party does not so respond, summary judgment, if appropriate, shall be entered against the party.” {¶ 14} “In the absence of an opposing affidavit of a qualified expert for the plaintiff, a defendant-physician

Fowler Electric Co. v. State

144 Misc. 2d 110 · New York Court of Claims · Jun 20, 1989

No payment to the contractor shall limit or qualify any defense, claim or counterclaim otherwise available to the public body relating to the contract involved.” … in section 145, and it is extremely doubtful that any contractor would attribute such a meaning to the inclusion in the standard provision of the 40-day claim language. * * * "In conforming its standard provision to the clearly

Richards-Dowdle, Inc. v. State

52 Misc. 2d 416 · New York Court of Claims · Aug 18, 1966

The notice of appropriation was general, the sign was not excepted, and no counterclaim was interposed by the State to recover and to offset any salvage value thereof. *421 It was clearly established as a fact which the State … An appropriation of land unless qualified when made, is an appropriation of all that is annexed to the land, whether classified as buildings or as fixtures. (Jackson v. State of New York, 213 N.

Complete Medical Care Services of NY, P.C. v. State Farm Mutual Automobile Insurance

21 Misc. 3d 436 · Civil Court of the City of New York · Aug 22, 2008

with approval a definition of medical necessity provided by the New Jersey Supreme Court, to wit: “[A] necessary medical expense under the [No-Fault] Act is one incurred for a treatment, procedure, or service ordered by a qualified … As such, the no-fault statute was clearly intended to “deliver better protection for the insured and to pay off claims quickly (NY Legis Ann, 1973, p 298)” (Pavone v Aetna Cas. & Sur.

People v. Darryl M.

123 Misc. 2d 723 · Criminal Court of the City of New York · Jan 25, 1984

However, its conclusion that the Legislature must establish minimal guidelines to ensure uniform police enforcement should be considered here. … Clearly, one must be extremely cautious in applying any statute which purports to limit freedom of expression.

Dow Jones & Co. v. Director, Division of Taxation

5 N.J. Tax 181 · New Jersey Tax Court · Feb 3, 1983

On the contrary, an exemption from taxation must be clearly established by a legislative enactment. Brick Stores, Inc. v. Bridgewater Tp., 4 N.J.Tax 412, 416 (Tax Ct.1982). … Jan. 24, 1983), the Legislature has clearly defined the term in a context readily applicable to the statute involved in this case.

West Colonial Enterprises, LLC v. City of East Orange

20 N.J. Tax 576 · New Jersey Tax Court · Jan 29, 2003

At trial, West Colonial presented the testimony of a real estate appraiser who qualified to testify as an expert witness (“expert”). The expert prepared an appraisal report for the subject property. … The expert’s income capitalization analysis is clearly flawed and demonstrates a misunderstanding of the basic premise of the income approach to value. In Harclay House v.

In re the Estate of Kight

167 Misc. 296 · New York Surrogate's Court · Apr 21, 1938

It was there decided that no trust had been established separately for the widow of deceased but that she was “ given one-third of the income derived from all of the trusts.” … I give, devise and bequeath to the executors of this Will, or to such of them as shall qualify and the survivors of them, all the rest, residue and remainder of my property, both real and personal and wheresoever situated

M & L Jacobs, Inc. v. DelGrosso

128 Misc. 2d 725 · Civil Court of the City of New York · Jun 3, 1985

is that the said daughter, Lisa, by *727 virtue of having lived in the subject apartment with her mother prior to the time that her mother vacated is a rent-controlled tenant and entitled to the benefits, privileges and immunities … This provision clearly contemplates concurrent occupancy by the tenant and his family members.

In re the Estate of Tucker

75 Misc. 2d 318 · New York Surrogate's Court · Sep 6, 1973

The policy guiding the interpretation of the statute is perhaps nowhere more clearly revealed than in the cases relating to specific legacies. … An executor does take a qualified title to property which is specifically bequeathed (Blood v. Kane, *321 130 N.

Yates v. Lansing

9 Johns. 395 · Court for the Trial of Impeachments and Correction of Errors · Apr 15, 1811

The peculiar organization and practice of this court, renders it difficult to establish a system of precedents. … I am of opinion that the order is clearly a conviction for a contempt, and in legal construction imported nothing more.

Portland General Electric Co. v. Department of Revenue

7 Or. Tax 33 · Oregon Tax Court · Mar 1, 1977

The scope of the imposition should be clearly expressed. … A reading of the six subsections contained in the statute shows an intent to establish rough rules of thumb.