Case law

In re the Estate of Skidmore

148 Misc. 569 · New York Surrogate's Court · Jul 13, 1933

Nothing could demonstrate more clearly that testator considered *581 as at least a possible contingency the death of his daughter before that of her paternal aunts and uncle. … This rule' is clearly stated in Dwight v. Fancher ( 245 N.

Burleson, Gary v. Doyle's Tire Service, Inc.

2017 TN WC 73 · Tennessee Court of Workers' Compensation Claims · Apr 11, 2017

By statutory definition, in order for a condition to qualify as an "injury," there must be an associated "need for medical treatment." Mr. … Burleson provided no other expert testimony to establish the article's authority.

Ski-View, Inc. v. State

129 Misc. 2d 106 · New York Court of Claims · Jul 12, 1985

Notwithstanding the apparently gracious note from the director at Belleayre, later communications from the State and claimant’s subsequent presentation of formal legal opinion from private counsel unequivocally establish … Although claimant was unable to persuade the court that these licenses were for a definite term, thus qualifying under the limited grounds upon which the courts of this State have permitted recovery for damages for revocation

In re the Estate of Andrus

156 Misc. 268 · New York Surrogate's Court · Jul 2, 1935

In my judgment, we are clearly dealing with a condition subsequent. Gifts that are given on condition subsequent, gifts that tend to inspire fear or dread, have been termed by courts as in terrorem gifts. … That is as far as the settlor could go because of the limitations placed by law in the enforcement of immunity provisions.

Maven Advantage, Inc. v. Square One Storm Restoration, LLC

2025 NCBC 14 · North Carolina Business Court · Mar 24, 2025

In so ruling, we stated that [d]espite use of the disjunctive “or,” the structure of the provision does not clearly establish that the drafter intended for the words in this modifying phrase to be used … The Court will not exercise  its discretion to blue pencil a provision that was not clearly drafted to be divisible. Cf. Bev.

Kirwan v. Dept. of Rev.

21 Or. Tax 424 · Oregon Tax Court · Jul 15, 2014

Allowable deductions from taxable income are “a matter of legislative grace and * * * the burden of clearly showing the right to the claimed deduction is on the taxpayer.” Interstate Transit Lines v. … Whether taxpayers’ expenses qualify as ordinary and necessary is essen- tially a question of fact and “it must appear that there is a proximate—rather than merely a remote or incidental— relationship between the claimed expenses

People v. Stanciu

49 Misc. 3d 430 · Criminal Court of the City of New York · Jun 19, 2015

You clearly stated ‘yes’ that you understood so now at this time we have moved past that point — you decided to answer questions. But you clearly understood.” … establish that defendant’s request was a specific request for an attorney vis-avis the decision of whether or not to submit to a chemical breath test (Curkendall, 12 AD3d at 715 ).

Deacons of First Universalist Church of North Adams

1 Davis. L. Ct. Cas. 211 · Massachusetts Land Court · Aug 15, 1905

In the Boland deed the grant itself, after the rejection of the limitation over, was a grant of a qualified fee only and not of a fee absolute. … The consecration is, and is to be regarded as, a religious ceremony,, and not as an act qualifying the estate in the land.

Egon J. Salmon, Inc. v. Tamarin

14 Misc. 3d 338 · Civil Court of the City of New York · Oct 20, 2006

Clearly, if the defendant cannot attend the trial at night because of age, disability or work, how can the defendant be compelled to attend at night for the motion? … The Legislature must establish a procedure for a party to assert this right whether by motion or answer or some other method.

Shore Bridge Corp. v. State

186 Misc. 1005 · New York Court of Claims · Mar 20, 1946

And it contends that any acts or circumstances which resulted in consuming the entire period of the contract for its performance are not unreasonable and are clearly contemplated by the contract, and that no recovery can … The rental value for this period of one month was established by claimant’s witnesses at $2,000, and the State has not disputed it.

Convention Headquarters Hotels LLC v. Marion County Assessor

Indiana Tax Court · May 24, 2024

To 10 The Indiana Constitution Equal Privileges and Immunities Clause states that “[t]he General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall … That said, the property record cards presented as evidence 24 contradict Convention HQ’s claim because they clearly show that numerous changes were made before construction was completed. (See Exs. P-1 to P-61; Exs.

Everglades Pipe Line Co. v. Department of Environmental Regulation

31 Fla. Supp. 2d 216 · State of Florida Division of Administrative Hearings · Jun 17, 1988

As .established at the hearing, the Petitioner does not buy or sell the product, but merely transports it. … In fact, the contrary is clearly indicated by the exclusion of pipelines from the final legislative version.

Jones v. Steve Jones Auto Group

North Carolina Industrial Commission · Sep 12, 2008

Thornton started plaintiff on corticosteroid therapy which helps suppress the immune system thereby decreasing the inflammation of the airways and gave plaintiff inhaled steroids. 25. Dr. … Thornton described exposure to stachybotrys as well as actinomyces like aspergillus as a "rough combination" and that "three molds over a prolonged exposure" is what *Page 11 "really perpetuated and established in him an

Opinion No. 72-110 (1972) Ag

Oklahoma Attorney General Reports · Feb 17, 1972

Clearly, this section is applicable to bonds issued pursuant to Section 4015 . … Further, Section 70 O.S. 4404 [ 70-4404 ] provides that the Board of Trustees, the governing board of the respective community junior college, shall be composed of seven members who are qualified electors of the junior college

Opinion No. 71-427 (1972) Ag

Oklahoma Attorney General Reports · Feb 21, 1972

The states are required to comply with the provisions of 210 and 305 of the federal act, in order to qualify for federal assistance. … Hence, the preceding sections of the state law are clearly in full compliance with the Federal Act.

In re the Estate of Bailey

141 Misc. 748 · New York Surrogate's Court · Nov 8, 1931

Y., and said trust company duly qualified on that date, both as executor of and trustee under said last will and testament. … In doing tMs he was clearly within Ms rights even though the penalty imposed by Mm for failure to comply with his wishes was capricious, arbitrary and severe.

In re the Estate of Wendel

159 Misc. 443 · New York Surrogate's Court · Apr 23, 1936

The alteration clearly was made to support the claim of the relationship between the two families. … The first formal step to qualify Meta Strauch, the petitioner, as the illegitimate child of Georgiana Wendel was an application to correct her birth certificate.

Opinion No. (2002)

Oklahoma Attorney General Reports · Mar 18, 2002

Section 106 establishes the requirements for "legal newspapers," i.e., those newspapers which wish to publish valid legal notices. … An examination of the relevant factors discerned from Ruble reveal the balance clearly in favor of holding The Oklahoma Journal being published in Midwest City because that is where its principal offices are located, that

Moore v. Rock Creek Oil Corp.

59 S.W.2d 815 · Texas Commission of Appeals · May 3, 1933

The conditions named were clearly such as the company had no right to impose against stockholders seeking the statutory right of inspection. … Under this rule the stockholder was compelled to establish that the inspection was asked in good faith and for an honest purpose.

Opinion No. (2000)

Oklahoma Attorney General Reports · Nov 8, 2000

. ¶ 3 Fourth, "[i]t is only where an act of the Legislature is clearly, palpably, and plainly inconsistent with the terms and provisions of the Constitution that the courts will interfere and declare such act invalid and … Supp. 1997, § 598[ 37-598 ] applied only to establishments which have been licensed by the Alcoholic Beverage Laws Enforcement Commission.