Case law

Karczmit v. State

155 Misc. 2d 486 · New York Court of Claims · Aug 27, 1992

Pugh to be an exceptionally qualified and credible witness. The court accepts his testimony and finds that, at an impact speed of 15 to 17 miles per hour, Mrs. … Clearly, the Federal standard does not require the application of the Spier rule relative to the mitigation approach to the seat belt defense but permits the comparative fault approach or any other approach that acts to reduce

Village of Ridgewood v. Bolger Foundation

6 N.J. Tax 391 · New Jersey Tax Court · Apr 4, 1984

to state that: *403 The severe impact of such public agency encroachment upon the tax structures of our municipalities requires a form of braking action by our courts so as to permit exemptions only for such uses as are clearly … Such restrictions are unenforceable under the established law of this state. Ross v. Ponemon, 109 N.J.Super. 363 , 263 A.2d 195 (Ch.Div.1970); Ierrobino v.

Oregon Research Institute, Inc. v. Department of Revenue

4 Or. Tax 433 · Oregon Tax Court · Jun 25, 1971

The court finds plaintiff qualified as a scientific institution entitled to property tax exemption under ORS 307.130 as to real or personal property “owned or being purchased” by it. 2. … For the court to hold that the plaintiff was “purchasing” the subject property would be a decision based upon mere speculation and not the facts established before the court.

In re the Estate of Agioritis

84 Misc. 2d 83 · New York Surrogate's Court · Jun 13, 1975

I feel this is not a mere formal change and clearly violates the intent of the statute. … The surviving spouse has the burden of establishing the proportion of the decedent’s contribution.

Fuller v. El Paso Times Co.

236 S.W. 455 · Texas Commission of Appeals · Jan 4, 1922

Still this allegation was qualified by the expression, “unless it was terminated at an earlier date under some of its provisions.” … As we have construed these pleadings, they clearly stand both of these tests. In the ease of Lumber Co. v. Water Co., supra, a new cause of action was clearly pleaded.

McDowell v. State of New York

2026 NY Slip Op 50247(U) · New York Court of Claims · Jan 2, 2026

McDowell rejects the defendant's argument that he has not established his innocence. (NYSCEF Doc No. 94 at 28-26.) … McDowell succumbed to the pressure and accepted the [*17]plea"; "he was coerced to take a guilty plea back in 2011 under conditions that were clearly not voluntary"].)

Minnig, Katalin v. Walmart Associates, Inc.

2020 TN WC 25 · Tennessee Court of Workers' Compensation Claims · Feb 14, 2020

She alleged that her PTSD made it difficult to think clearly while in the presence of male authority figures. She did not submit medical or psychiatric evidence supporting her PTSD-related allegations. Ms. … Minnig objected to the admission of the affidavits on the ground the attorneys were not qualified to assess her mental capacity.

Pack Brothers Paint and Body Shop v. Nationwide Mut. Ins. Co.

2003 NCBC 1 · North Carolina Business Court · Jan 10, 2003

App. at 583, 561 S.E.2d at 285. {28} It is not yet clear from the record that defendants had a qualified privilege. … In order to establish a violation of this section, plaintiff must meet a three-pronged test: (1) there must be a showing of an unfair or deceptive act or  practice, or an unfair method of competition; (2) in or affecting

Value Health Sols., Inc. v. Pharm. Rsch. Assocs., 2021 Ncbc 24a

North Carolina Business Court · Apr 5, 2021

Third, almost all the evidence upon which Plaintiff relies to establish PRA’s fraudulent intent is from after the execution of the LOI in October 2014. … This clearly is not the case in which this Court should consider recognizing such a claim. 113.

Greene Avenue Associates v. Cardwell

191 Misc. 2d 775 · Civil Court of the City of New York · Jun 7, 2002

The documentary evidence establishes that, each year at the time for recertification, Ms. … Therefore, even if petitioner were deemed to have abandoned any argument based on the occupancy itself, *784 as opposed to any alleged falsity concerning it, the legitimacy of an exclusion on that basis is clearly at issue

Community Options Enterprises, Inc. V.Evesham Township

New Jersey Tax Court · Oct 3, 2017

Thus, the burden is upon the claimant to clearly bring himself within an exemption provision. Ibid. C. … Discussion To establish its right to a property tax exemption, an organization must satisfy the statutory three-part test that flows from N.J.S.A. 54:4-3.6.

Sustersic, Thomas v. Lowe's Home Centers, Inc.

2018 TN WC 196 · Tennessee Court of Workers' Compensation Claims · Dec 5, 2018

He clearly sustained a ventral hernia. However, Dr. Worthington’s testimony does not establish that the hernia resulted from an “injury by accident arising primarily out of and in the course and scope” of Mr. … Sustersic qualifies for two of the multipliers. The parties stipulated that Mr. Sustersic did not successfully return to work (1.35) and is over 40 years old (1.2).

Dellinger v. McCreary Modern Chair

North Carolina Industrial Commission · Dec 28, 2004

Although plaintiff had a 2-cm. scar to the left of his spinal column, the scar was primarily at or below belt level and not clearly visible. 10. … Plaintiff has failed to carry the burden of proof to establish he sustained a compensable injury by accident.

Mashinsky v. State of New York

2024 NY Slip Op 50670(U) · New York Court of Claims · May 15, 2024

Application of the Doctrine of Qualified Immunity It is well-settled that the State of New York has the absolute duty to maintain its roadways in a reasonably safe condition ( Friedman v State of New York , 67 NY2d 271, 283 … Applying the doctrine of qualified immunity, the State may be held liable when it is evident that its study of a traffic condition is "plainly inadequate or there is no reasonable basis for its traffic plan" ( Friedman v

Rhodes, Jason v. Amazon.com, LLC

2019 TN WC App. 24 · Tennessee Workers' Compensation Appeals Board · Jun 11, 2019

Employee became unhappy with her new physician’s treatment and requested a panel of orthopedic surgeons, asserting an orthopedic surgeon was more qualified to treat her shoulder injury. … An employer will not be penalized for enforcing a rule or policy if the court determines “(1) that the actions allegedly precipitating the employee’s dismissal qualified as misconduct under established or ordinary workplace

Krieger v. Johnson

2014 NCBC 13 · North Carolina Business Court · Apr 30, 2014

The Separation Agreement specifies the payments alleged by Plaintiff in the Amended Complaint and also lists undisclosed amounts due or paid to Johnson classified as, "[a]ccrued and vested amounts under all non- qualified … established in the Employment Agreement, 8-K and attached exhibits.

Spencer Gifts, LLC v. Director, Division of TaxationSpirit Halloween Superstores, Inc. v. Director, Division of Taxation

New Jersey Tax Court · Sep 7, 2018

Plaintiff failed to establish that no such dispute exists. … Plaintiff acknowledge that the materials purchased were not direct mail qualifying for the application of §313.1.

Hardison v. Weyerhaeuser Co.

North Carolina Industrial Commission · Feb 26, 2003

The defendant was a duly qualified self-insured. 3. An employee-employer relationship existed between the parties at all relevant times. … He noticed that the boxes of insulation were clearly labeled as asbestos containing.

In re the Probate of a Paper Propounded as the Last Will & Testament of Van Den Heuvel

9 Mills Surr. 177 · New York Surrogate's Court · Mar 15, 1912

Their factum has been adequately established. Mr. … The admission is, however, qualified by a statement to the effect that Mr.

Gill v. Beaverton School District 48

14 Or. Tax 25 · Oregon Tax Court · Aug 19, 1996

“It is an unusual case in which the text and context of a constitutional provision reflect the intent of the voters so clearly that no alternative reading of the provision is possible. … The legislature was correct in finding that the phrase “capital construction and improvements” does not have an established legal meaning.