Case law

In re the Estate of Byrnes

159 Misc. 302 · New York Surrogate's Court · Apr 16, 1936

From these recommended rates it is to be noted that on the basis of a rent roll of $300,000 the amount payable to a qualified managing agent for management of the entire building is only $7,500. … The trustee’s exhibit 5 in its paragraphs 3 and 6 clearly show that the tenant had the burden of paying these charges.

Petersen v. Brockelmann

1 N.Y. City Ct. Rep. 193 · New York Marine Court · Jan 15, 1874

There is no constitutional “right or immunity,” no institution or polity of our country, against the spirit or letter of which this treaty can be intelligently said to come in conflict. … This is the doctrine of the law of nations, clearly laid down by writers of received authority, and entirely conformable, as it is supposed, with the practice of modern nations. ....

Favor v. Horne

2 Misc. 3d 289 · Civil Court of the City of New York · Nov 6, 2003

Clearly the recent changes to the CPLR reflect the purposes of HIPAA and the Public Health Law to place the obligation to protect the person’s confidentiality on the health or social service provider that is forwarding the … Prior to examination of any records, counsel must establish and submit proof that reasonable notice of the intention to do so has been given to all other parties.

Question Submitted by: Lyle R. Kelsey, Executive Director, Oklahoma Board of Medical Licensure & Supervision

2024 OK AG 3 · Oklahoma Attorney General Reports · Feb 22, 2024

That section grants physician assistants a general authority to "prescribe drugs, including controlled medications in Schedules II through V[,]" but expressly qualifies in the next subsection that "[a] physician assistant … As the Oklahoma Supreme Court has made clear: "[w]here a matter is addressed by two statutes--one specific and the other general--the specific statute, which clearly includes the matter in controversy and prescribes a different

Renaissance Plaza Associcates v. City of Atlantic City

18 N.J. Tax 342 · New Jersey Tax Court · Jan 26, 1998

The lease in this case clearly contemplates that Renaissance would be responsible for all taxes on the property. See, Lease Agreement of April 17, 1995 §§ 6.01, 7.03. … This is clearly the law. In N.J. Turnpike Auth. v.

Howell Township v. Monmouth County Board of Taxation

18 N.J. Tax 149 · New Jersey Tax Court · Mar 19, 1999

The Court,however, held that billboards did not pass the first prong of the subsection (b) test because they are not “machinery, apparatus or equipment” and, even if they did, they would not qualify for exception because … “billboards clearly are structures.”

Bransten v. State

30 N.Y.3d 434 · Court for the Trial of Impeachments and Correction of Errors · Nov 21, 2017

Clearly the Constitution of 1894 employed the word "compensation" as a broad umbrella term, and used the word "salary" as one component thereof, perhaps the largest, fitting under the compensation umbrella. … In fact, Bockes did not address *831 **32 whether other forms of remuneration or benefits, which did not exist until decades later, could equally qualify as compensation.

Ruffin v. Sumitomo Electric Lightwave Corp.

North Carolina Industrial Commission · Dec 5, 2001

While it is clear that plaintiff's original right ankle injury was not caused by her employment, and was clearly aggravated by her obesity, the greater weight of the evidence establishes that the duties of her employment … As a result of her foot and knee injuries related to her employment, plaintiff has been unable to engage in any other employment for which she was qualified during the periods noted above when she was unable to perform her

Bull'S Head Bank v. Koehler

1 N.Y. City Ct. Rep. 264 · New York Marine Court · Nov 15, 1878

The court, therefore, in speaking of the guaranty, said (p. 178): “ There is clearly nothing in the objection that the defense set up contradicts the note. … If the tender be established, judgment goes against the plaintiff, and he takes the money tendered for his claim, and the defendant recovers costs of the action.

Wassom v. Dept. of Rev.

Oregon Tax Court · Feb 17, 2016

Previously, where a taxpayer established entitlement to a deduction but did not establish the amount of the deduction, the court was allowed to estimate the amount allowable. See, Cohan v. … The evidence clearly shows that Plaintiffs incurred mileage related to ranch business activities.

Coster v. Lorillard

14 Wend. 265 · Court for the Trial of Impeachments and Correction of Errors · Dec 15, 1835

Philip’s Church are good, as clearly authorized by the 2d subdivision of the 55th section. … The words joint tenancy need not be used in order to create the estate; any other expression clearly importing such an intent must be sufficient. The statute did not mean to establish a mere verbal distinction.

Thomason v. McGeorge

285 S.W. 285 · Texas Commission of Appeals · Jun 16, 1926

McGeorge temporary guardian of the minor’s person, alleging that he was in all things qualified to act as such guardian. Mrs. … Section 8, art. 5, of the Constitution of the state, provides: “ * * * The district court shall have appellate jurisdiction and general control in probate matters over the county court established in each county, for appointing

Harper, Randall v. USF Holland Trucking Co.

2015 TN WC 154 · Tennessee Court of Workers' Compensation Claims · Nov 5, 2015

his left leg causally relates to his employment with USF Holland. 2 The Court finds the evidence submitted 1 USF Holland fil~d a "Motion to Amend DCN" requesting the Court amend the Dispute Certification Notice (DCN) to clearly … Pinkston, approximately two weeks after he first became ill; however, even these references are qualified. On June 30, Dr. Pinkston's note stated Mr. Harper "got what he thought was a small bite ... ,"and, Mr.

Opinion No. (2007)

Oklahoma Attorney General Reports · Aug 22, 2007

Establish new forms of accountability for schools; and 7. … Further, status as a charter school does not qualify as a suspect or quasi-suspect class. See City of Cleburne v.

Andes v. Ohio Atty. Gen.'s Office

2017 Ohio 4251 · Ohio Court of Claims · May 10, 2017

While the AGO correctly notes that the submission was not in the form of an amended complaint, the Rules of Civil Procedure, to the extent that they would by their nature be clearly inapplicable, do not apply to procedure … state exhibit storage devices, but that were not separately used as evidence by the State, are thus non-responsive to Andes’ request for computer files that were admitted into evidence. {¶14} Such files also do not qualify

In re Lake County Economic Opportunity, Inc.

36 Fla. Supp. 168 · Florida Public Service Commission · Jan 26, 1972

It has a grant for the fiscal year ending June 30, 1972, for the specific purpose of establishment and operation of the proposed common carrier bus service between various points within Lake County specially serving the transportation … Finally the applicant is qualified to provide this service.

Whitfield v. Laboratory Corporation of America

North Carolina Industrial Commission · Jan 18, 2002

Plaintiff testified that she clearly remembered the incident and that "he was mashing very hard on my back". 7. On July 15, 1998, Dr. … There is insufficient evidence from which to establish that plaintiff is at maximum medical improvement. 37.

In re Felix C.

116 Misc. 2d 300 · New York Family Court · Oct 21, 1982

If the decree met the requirements of either of these statutes, it would qualify for recognition and enforcement by this court. … This fact is established by documentary evidence submitted by petitioner, as well as respondent’s testimony.

In re the Accounting of Hanchett

182 Misc. 79 · New York Surrogate's Court · Jul 16, 1943

Mitchell, named in and who qualified as executor under her will, and by two children, both of whom are infants under the age of fourteen years. … It is clear, therefore, under the terms of the will, that two thirds of the trust fund established for her benefit became vested in her prior to her death.

Buccina v. Department of Revenue

17 Or. Tax 456 · Oregon Tax Court · Jul 25, 2003

In order for taxpayers to succeed in their claim they must establish Oregon as June’s tax home. … OAR 150-316.027(l)(a) (1998). 3 June clearly abandoned California as her domicile when she retired and moved to her new home in Oregon.