Case law

In re the Estate of Steffenhagen

77 Misc. 2d 624 · New York Surrogate's Court · Mar 8, 1974

A part of a will ¡may only be revoked or altered by ‘ ‘ another will ’ ’, or by “ a writing of the testator clearly indicating an intention to effect such revocation or alteration, executed with the formalities prescribed … It is determined that the alteration to paragraph third does not qualify as a partial revocation of the will.

Hoffman, Lindsey v. HCA Health Services of Tennessee, Inc., dba TriStar Summit Medical Center

2025 TN WC App. 28 · Tennessee Workers' Compensation Appeals Board · Aug 12, 2025

She clearly does not feel ready to return to the same type of environment that she left.” … However, a compensable mental injury may still be established if a series of work-related events caused a sudden or unusual mental stimulus resulting in a mental injury.

Opinion No. (2006)

Oklahoma Attorney General Reports · Dec 20, 2006

The current CSSP "is a continuation of the program established in 1988 by Section 991a-4 of Title 22," which is now repealed. 1 Id. § 991a-4.1(A). … Additionally, the language dealing with the reimbursement of emergency medical care expenses does not limit, qualify or exclude other medical care expenses from reimbursement as "necessary expenses."

Equitable Savings & Loan Ass'n v. Department of Revenue

5 Or. Tax 661 · Oregon Tax Court · Nov 25, 1974

The plaintiff is qualified to do business in these states, except California where it is registered to transact business. … It is not established that the new formula is less correct or more discriminatory than the preceding formula.

Opinion No. 74-143 (1975) Ag

Oklahoma Attorney General Reports · Apr 21, 1975

Article XIIIA, Section 1 of the Oklahoma Constitution goes on to qualify the specific term "institute of higher education" by the phrase " supported wholly or in part by direct legislative appropriation." … The purpose, intent and objective of Article XIII-A of the Oklahoma Constitution clearly appears to be the establishment of a state system of higher education composed of institutions of collegiate or more advanced grade,

Delafield v. Parish

1 Redf. 1 · New York Surrogate's Court · Dec 15, 1857

Some of the circumstances which are clearly established, and about which there is no dispute, must, no doubt, be regarded as somewhat extraordinary, upon the supposition that the testator possessed any considerable mental … Clark has very clearly shown.

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.

In re the Application to Sell the Real Estate of Neufeld

5 Mills Surr. 352 · New York Surrogate's Court · Apr 15, 1906

The testimony attempting to establish this fact is not the same in both cases. … Franklin as establishing the proposition that this is Mr. Heufeld’s signature. An examination of the record will show that the attempts to qualify Mr.

Emory, Wendy v. Epic Group, LP

2017 TN WC 225 · Tennessee Court of Workers' Compensation Claims · Dec 11, 2017

The DCN in this case clearly identified “Medical Benefits” as one of the disputed issues to be resolved, and both mileage and continuing treatment with Dr. Wilburn are included in that category. … Emory appears likely to establish entitlement to TTD benefits, and Epic must pay those benefits under this Order. As a result, Ms.

People v. Cesar G.

154 Misc. 2d 17 · Criminal Court of the City of New York · Jan 18, 1991

The People argued that these records were confidential, and contained nothing of an exculpatory nature which would qualify for production under Brady v Maryland (supra), nor any information which would be discoverable under … In Gissendanner , the Court of Appeals clearly distinguished between impeachment evidence which is material to guilt or innocence and must, even if confidential, be disclosed, and impeachment evidence which is collateral

Robinson v. Church

1 Davis. L. Ct. Cas. 13 · Massachusetts Land Court · Sep 15, 1899

He contends that proof must be made that the board (of aldermen) levying the tax were duly elected and qualified. This matter, however, is one that is altogether too remote. … In the earlier case,, however, the de jure rule as to tax sales was clearly recognized. Alvord v. Collin, 20 Pick. 418 ; and earlier cases there cited. Sprague v. Bailey, 19 Pick. 436 . Goodrich v.

Graham Creek Farms v. Indiana Department of State Revenue

819 N.E.2d 151 · Indiana Tax Court · Dec 13, 2004

Accordingly, Graham bears the burden of showing how the items it purchased clearly fall within the exemption statute. See Foursquare Tabernacle Church of God in Christ v. … Therefore, the backhoe does not qualify as exempt equipment and the repair part is taxable.

Malul v. Capital Cabinets, Inc.

191 Misc. 2d 399 · Civil Court of the City of New York · Mar 22, 2002

Malul’s version as to the design of the kitchen, the sale of the cabinets clearly predominated. (Milau Assoc. v North Ave. Dev. … Other than establishing the purchase price of the goods, Mr. Malul presented no evidence of damages.

Township of Alexandria v. Latter House of Glory, Inc; Latter House of Glory, Inc v. Township of Alexandria

New Jersey Tax Court · Apr 1, 2025

Determining whether a property qualifies for a tax exemption is a legitimate purpose satisfying the first of the Powell criterion. … “[T]he First Amendment does not immunize the church from all temporal claims made against it.” McKelvey, 173 N.J. at 46. Churches are “not above the law.” Id. at 54.

Custom Orthotics, Ltd. v. Government Employees Insurance

25 Misc. 3d 545 · Civil Court of the City of New York · Jul 27, 2009

Plaintiff has established its prima facie case as a matter of law; 2. Defendant has issued timely verification requests to the plaintiffs attorney; 3. … Allowing the document submitted by plaintiff to qualify in this matter as a legitimate verification response could encourage no-fault plaintiffs to simply ignore verification requests based upon their own interpretation of

In re the Estate of Thomson

135 Misc. 62 · New York Surrogate's Court · Aug 28, 1929

Such rule of law should not be abandoned, qualified or in any way impaired. … Trust funds should not only be kept independent of individual and other trust funds, but the investments thereof should, so far as possible, be clearly defined, and at all times stamped with the individual trust to which

In re the Estate of Smathers

19 Misc. 3d 337 · New York Surrogate's Court · Feb 12, 2008

Decedent’s will clearly restricts the sale of the Fifth Avenue property. As with the Broadway property, no unforeseen factors have been presented which warrant departure from the terms of the will. … In view of the current number of beneficiaries, it is highly unlikely that the corporation would qualify for subchapter S status.

Carter v. State

139 Misc. 2d 423 · New York Court of Claims · Mar 30, 1988

Carter had remarried while in prison) confessed to the subject killing, under a grant of immunity, and admitted her allegations of assault by claimant were fabrications. … Further, while settlement in this context is a matter of defense, when the settling party seeks to limit its effect in said subsequent action, the burden is on him to establish why and to what extent it should be accorded

In re the Estate of Johnston

165 Misc. 2d 842 · New York Surrogate's Court · Jun 1, 1995

Johnston Scholarship Fund for Graduates of Chateaugay Central School”, was established and funded. … Whatever his reasons, his intent is clearly expressed and needs no further construction.

New Jersey State Bar Ass'n v. Berman

11 N.J. Tax 433 · New Jersey Tax Court · Jan 14, 1991

“A statute is presumed to be constitutional and will not be declared void [as special legislation] unless it is clearly repugnant to the Constitution ... … These cases generally stand for the proposition that a license to practice law does not grant immunity from taxation as long as the taxing statute is limited to revenue raising and is not regulatory in nature.