Case law

In re the Estate of Welton

141 Misc. 674 · New York Surrogate's Court · Oct 29, 1931

Letters of administration upon the estate were issued to the petitioners on December 29,1925, and they duly qualified by filing a bond in the sum of $25,000 with National Surety Company as surety. … Under such circumstances it becomes the duty of the court to determine whether the facts set forth in the petition and account establish a prima facie obligation for repayment.

Zimmerer v. Clayton

7 N.J. Tax 15 · New Jersey Tax Court · Sep 27, 1984

Accordingly, one seeking an exemption has the burden of bringing himself clearly within the exemption provision. Board of National Missions v. Neeld, 9 N.J. 349, 353 , 88 A.2d 500 (1952); Container Ring Co., Inc. v. … I therefore hold that the transfers in question do not qualify for the parent-child exemption.

Salvation Army v. Alexandria Township

2 N.J. Tax 292 · New Jersey Tax Court · Mar 2, 1981

The qualifying words, ‘used exclusively for charitable purposes,’ further point to the building as a place where the charitable use was to have a concrete existence. … In order for something to qualify as a building in the structural sense, it must have more substance than canvas walls and a canvas roof.

Harlingen Independent School Dist. v. Page

48 S.W.2d 983 · Texas Commission of Appeals · Apr 21, 1932

In this connection we call attention to the fact that the original article conferred upon the board of trustees of an independent school district the same authority as regards the establishment and maintenance of free schools … Jacobs, supra, wherein it was directly held: “It is clearly contemplated in the law cited that the contract shall be made after the bonds shall have been issued and sold, and that the monej^ arising from such sale- shall

Rubenstein v. Upper Pittsgrove Township

12 N.J. Tax 494 · New Jersey Tax Court · Nov 1, 1991

He further certified that, on or before July 1, 1989, he mailed farmland assessment application forms for the 1990 tax year to all listed owners of previously qualified farmland. … Voorhees, 186 N.J.Super. 307, 316 , 452 A.2d 673 (App.Div.1982), summarily aff'd as mod. 91 N.J. 526 , 453 A.2d 850 (1982), our Appellate Division held that farmland assessments received by a taxpayer were clearly improper

Ludlow Properties, LLC v. Young

4 Misc. 3d 515 · Civil Court of the City of New York · Jun 10, 2004

Petitioner’s then exterminator established an attack plan to combat the bedbugs (see, respondent’s exhibit A). … Clearly one essential function of a residence is a place to sleep, but it is not the only function.

In re Proving the Last Will & Testament of Hermann

11 Mills Surr. 356 · New York Surrogate's Court · Dec 15, 1913

reversed all former procedure in contentious probate proceedings so as to require proponents to give all the proofs and make all witnesses proponents’ witnesses, and in this, and I say it with respect, he was, in my opinion, clearly … In civil causes a party may always waive a benefit or immunity secured to him by constitutional or legislative enactment. Cancemi v. People, 18 N. Y. 136 ; Matter of Cooper, 93 id. 507, 512; Foley v.

In re the Estate of Weisman

173 Misc. 2d 342 · New York Surrogate's Court · May 16, 1997

All of the foregoing establishes that respondent’s suspension of income distributions is not supported by law or by circumstance. … If infallibility were a requisite for the office, every trust would necessarily fail for want of a qualified trustee.

Opinion No. (2001)

Oklahoma Attorney General Reports · Nov 7, 2001

Toward that end, the Administrator must establish standards, procedures, and techniques for records management; survey records and information operations and recommend improvements as the need arises; establish standards … Unless clearly indicated to the contrary, the remainder of this Opinion deals with those records which must be retained for some period of time. 2.

In re the Estate of Perez

69 Misc. 2d 538 · New York Surrogate's Court · Apr 7, 1972

paternity in a proceeding instituted during the pregnancy of the mother or within two years from the birth of the child. “ (3) The existence of an agreement obligating the father to support the illegitimate child does not qualify … We find that this instrument is sufficient to establish both the facts of paternity and of pecuniary loss.

Hand v. Ohio Dept. of Rehab. & Corr.

2016 Ohio 2850 · Ohio Court of Claims · Mar 11, 2016

There is no evidence to establish that the accident was caused by a reason other than the faulty clutch. … Plaintiff is not qualified to offer an expert opinion on the type of accident and resulting damage to the tractor.

People v. Matthews

73 Misc. 2d 643 · Criminal Court of the City of New York · Mar 30, 1973

The Appellate Division reversed, stating that such *650 evidence was not sufficient to establish that the defendant was art addict at the time of the examination. … It follows clearly that the Legislature should not specify, in advance, sentences which must be imposed regardless of the circumstances of the offense.

Mazart v. State

109 Misc. 2d 1092 · New York Court of Claims · Jul 8, 1981

Clearly, bigotry against gays goes deep into the social structure of stupidity. The most intolerant always seem to be the least informed and least informed always seem to be biased. … In other words, no extrinsic facts are necessary to establish the defamatory nature of the publication, since the defamation is clear from the writing itself. .

Pierce v. Foreign Mission Board of Southern Baptist Convention

235 S.W. 552 · Texas Commission of Appeals · Dec 14, 1921

Pierce and Bibby qualified as independent executors and took charge of the property. \ “An independent suit was subsequently filed1 in the county court by B. L. Pierce, W. … We do not care to go into any detailed discussion of the effect of this alleged issue of estoppel, but will say, in passing, that the only contention counsel makes as establishing estoppel as against the widow is that she

Cooper v. Greeley

1 Denio 347 · Court for the Trial of Impeachments and Correction of Errors · Jul 15, 1845

The admission that the publication reflects upon the plaintiff, though qualified by the remark that it does not do so severely, yields the material point in controversy. … Justice Kent,) in delivering the opinion of this court, observed that the charges against the plaintiff were clearly libellous, because they threw contumely and contempt upon him in his character as a commissioner of bankruptcy—instead

In the Matter of N.J.P.

Delaware Court of Common Pleas · Mar 31, 2025

Common examples of information that may qualify for confidential treatment include: “trade secrets; sensitive proprietary information; sensitive financial, business or personal information; sensitive personal information … However, in recent years, some jurisdictions have either enacted legislation or established case law permitting transgender individuals to seal their change of name.”4 In 2022, New Jersey addressed an issue analogous to

In re the Estate of Watson

96 Misc. 2d 327 · New York Surrogate's Court · Sep 25, 1978

In the opinion of the court, the decision in Child v United States determined only that a bequest to a nonprofit cemetery corporation did not qualify as a deduction for Federal estate tax purposes. … Recently established tests of charitable purpose are relevant.

Barnes, William v. Jack Cooper Transport Co.

2019 TN WC 175 · Tennessee Court of Workers' Compensation Claims · Dec 9, 2019

He clearly is in need of surgical intervention and will likely not get sustained relief from conservative measures. … Garside’s CV was admitted as an exhibit to his deposition, and he is clearly a qualified expert. Although the Court does not have Dr.

Department of Revenue v. Hoyt

8 Or. Tax 367 · Oregon Tax Court · May 20, 1980

Unless the Government seeks testimony that will subject its giver to criminal liability, the constitutional right to remain silent absent immunity does not arise. … United States, 340 US 367 , ante, 344, 71 S Ct 438 , 19 ALR2d 378 (1951), and to require him to answer if 'it clearly appears to the comb that he is mistaken.’ Temple v. Commonwealth, 75 Va 892, 899 (1881).

Jones v. Glick

57 Misc. 3d 801 · Civil Court of the City of New York · Sep 15, 2017

] of the plaintiff’s claim.’ ” (Palmetto Partners, L.P. v AJW Qualified Partners, LLC, 83 AD3d 804, 806 [2d Dept 2011] [citations omitted].) … The above-mentioned documents clearly show that the agreement for dental services and payment arrangements for same were made between plaintiff and Riverdale Family Dentistry, P.C., and not between plaintiff and defendants