Case law

Queensboro Farm Products, Inc. v. State

175 Misc. 574 · New York Court of Claims · Dec 21, 1940

Out of the classified price plan came the blended price which represented the average of all established classified prices. … The agreement was that the State’s agency “ may in its discretion permit an adjustment of the price ” Claimant and its officers were familiar with existing conditions in the milk market and were qualified to anticipate what

People v. Rubin

103 Misc. 2d 227 · Criminal Court of the City of New York · Dec 6, 1979

"It must be remembered that this court of first instance is guided by certain established concepts. Among them is that courts should not determine unconstitutionality unless that result is clearly required. … Since that is indisputably an element of the offense charged, it must be established in addition to an undertaking or offer to perform any one of the acts.

Opinion No. (1999)

Oklahoma Attorney General Reports · Sep 23, 1999

Id. ¶ 11 Thus, because the statutory blueprint allows, in fact prescribes, the giving of one, two or three tests in some circumstances, the establishment of the three fees quoted above is clearly within the Commission's authority … It was based upon the premise that the applicant completed a college degree in a particular subject or field and was able to complete the curriculum examination but had not taken teacher preparation courses which would qualify

Stone v. Continental Airlines

10 Misc. 3d 811 · Civil Court of the City of New York · Nov 10, 2005

wearing apparel”; “The owner of clothing or other personal item who is familiar with its quality and condition is credited with having some knowledge of its value and may give an estimate of its value without having to qualify … as an expert”]), and clearly may also testify regarding the anticipated use of the items checked.

Commercial Bank v. Kortright

22 Wend. 348 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1839

This objection is as to a mere matter of from, and clearly is not well taken. … If so, they clearly were not evidence against the bank, notwithstanding Barker was one of its officers.

In re the Adoption of Dennis

94 Misc. 2d 422 · New York Surrogate's Court · May 4, 1978

The signature on the affidavit clearly appears to the court to be that of the natural mother, and it is so found. … Contact with both mothers was re-established by the natural mother in 1976 through a chance meeting with another friend who was acquainted with all the parties herein.

In re the Accounting of Irvings

13 Misc. 2d 113 · New York Surrogate's Court · Jun 27, 1958

The reading of these letters clearly demonstrates that the decedent’s statements were motivated by thoughts of impending death. … A qualified appraiser testified that the portion of real estate devised to Martha Malkin was valued at $10,500 and the parcel devised to Sylvia Cooperstein was valued at $11,500.

Question Submitted by: The Honorable Avery Frix, Oklahoma State Senate, District 9

2025 OK AG 7 · Oklahoma Attorney General Reports · Jun 9, 2025

The Model Compact, codified at title 3A, section 281(15)(C) of the Oklahoma Statutes, clearly provides that its term ended on January 1, 2020. … SupP.3d at 1281. ¶12 A qualifying tribe could only enter the Model Compact with the State by accepting the State's offer. See 3A O.S.2021, § 281 Treat II , 2021 OK 3 3A O.S.2021, § 281 15 O.S.2021, § 73 2.

In re the Estate of Comer

8 Mills Surr. 184 · New York Surrogate's Court · May 15, 1911

Comer, her husband, was named sole executor therein, duly qualified as such executor and received letters testamentary pursuant to such will. On the 8th day of February, 1910, John H. … Wisner qualified as such executor, and as such executor became possessed of assets and property which had come to John H.

Thomas, Horace Wade v. Zipp Express

2017 TN WC App. 21 · Tennessee Workers' Compensation Appeals Board · Mar 15, 2017

B) Exceed the statutory authority of the workers’ compensation judge; (C) Do not comply with lawful procedure; (D) Are arbitrary, capricious, characterized by abuse of discretion, or clearly … that records of regularly conducted activity, including a record or report of opinions or diagnoses, are not excluded as hearsay if such records meet certain criteria “as shown by the testimony of the custodian or other qualified

PATRICK, JAYNE-ANNE v. TOPGOLF

2026 TN WC 36 · Tennessee Court of Workers' Compensation Claims · Apr 9, 2026

However, the Court cannot substitute its judgment for that of qualified physicians in this case and just assume the existence of temporary restrictions that foreclosed any employment opportunities for Ms. Patrick. … Further, Topgolf was clearly unable to accommodate those restrictions, as it terminated her employment. However, Topgolf contended that no additional disability benefits are appropriate because Dr. Dyer placed Ms.

Charles O. v. State of New York

2025 NY Slip Op 50700(U) · New York Court of Claims · Apr 7, 2025

Similarly, the existence of triable questions of fact with respect to probable cause precludes an award of summary judgment on the ground of qualified immunity ( see Ballinger v City of Mount Vernon , 233 AD3d 736 , 738-739 … O. resisted arrest and he can be clearly seen in the camera footage pulling his arms apart as he is being handcuffed. Although Mr.

Charles O. v. State of New York

2025 NY Slip Op 50700(U) · New York Court of Claims · Apr 7, 2025

Similarly, the existence of triable questions of fact with respect to probable cause precludes an award of summary judgment on the ground of qualified immunity ( see Ballinger v City of Mount Vernon , 233 AD3d 736 , 738-739 … O. resisted arrest and he can be clearly seen in the camera footage pulling his arms apart as he is being handcuffed. Although Mr.

Maegan Stallings v. Director, Division of Taxation

New Jersey Tax Court · Feb 22, 2024

After further review of the recent determination, I actually think I did qualify within the time frame. … Furthermore, Plaintiff’s own emails clearly indicate that she was not being represented by either an attorney or an accountant.

People v. Lobianco

2 Misc. 3d 419 · Criminal Court of the City of New York · Oct 14, 2003

A proviso is a condition or stipulation that qualifies or restrains the general scope of a statute, or prevents misinterpretation. (People v Durkee, 189 App Div 276, 278 [3d Dept 1919].) … A historical analysis of the Public Health Law statutes clearly shows that the legislative intent was to limit the applicability of Public Health Law § 3396 to actions brought forth under the enforcement of the article itself

Watson v. Ohio Dept. of Dev.

2025 Ohio 5877 · Ohio Court of Claims · Dec 23, 2025

a member of the statutorily protected class, (2) was discharged, (3) was qualified for the position, and (4) was replaced by, or the discharge permitted the retention of, a person of substantially younger age.’” … established rules on safekeeping confidential documents.”

In re Archer Messenger Service, Inc.

43 Fla. Supp. 128 · Florida Public Service Commission · Oct 10, 1975

As we found *131 in Order No. 12Ó91, the applicant is qualified to render the proposed transportátion. Thirty-four public witnesses testified in support of the application. … It holds out transportation between any two points on established patterns or via exclusive use of the vehicle.

In re Miller

48 Pa. D. & C.4th 305 · Court of Judicial Discipline of Pennsylvania · Sep 26, 2000

The majority’s approach ignores both the complexities of human speech and well-established law in this area. … In all but one photo of Miller in his judicial robe (which he wears in his official duties as a district justice), the wall plaque with the seal of the district court is clearly discernible.

Walker Manufacturing Co. Ex Rel. Conner v. Department of Local Government Finance

772 N.E.2d 1 · Indiana Tax Court · Jul 11, 2002

The record often fails to clearly distinguish between parcels 155 and 210. Consequently, the record is filled with considerable ambiguity. … Because parties are entitled to have their cases dealt with meaningfully, it is incumbent upon counsel io clearly present the facts. Whitley Products, Inc. v.

In re the Estate of Harriton

173 Misc. 500 · New York Surrogate's Court · Mar 8, 1940

In 1924 Ida Harriton, wife of Harry Harriton, established a “ Totten trust ” in the Adam, Meldrum and Anderson State Bank, entitled “ Ida Harriton, Trustee for Sylvia Bartzoff.” … Barneth Satuloff was named executor and duly qualified. He was also appointed administrator de bonis non of the estate of Ida Harriton, deceased.