Case law

Schlieper v. Johnson

2007 NCBC 29 · North Carolina Business Court · Aug 31, 2007

This figure is clearly noted as the Phantom Sale Price, not to be confused with the total sale price. … Nor did he serve in any alternative capacity suggesting that his employment was such that it otherwise qualified as “in or affecting commerce.” Id. at 658, 548 S.E.2d at 711.

Morris v. Ohio Dept. of Transp.

2022 Ohio 1594 · Ohio Court of Claims · Mar 16, 2022

This language clearly contemplates that center lines may continue through intersections in certain cases. Plaintiff’s argument that the skip lines violate the Manual is not persuasive. … However, Cumberland Road was a flat, open roadway, and the Google Street View image, taken October 2015, clearly shows Camay Road intersecting from the east side. (Defendant’s Ex.

In re Meeker

135 Misc. 774 · New York Surrogate's Court · Dec 2, 1929

Roys was elected trustee in bankruptcy and duly qualified as such. Finally, on June 26, 1929, Samuel C. … In the present instance these terms clearly provide that Wohlers shall be indemnified out of the interest of A.

In re the Estate of Hauber

136 Misc. 798 · New York Surrogate's Court · Apr 10, 1930

Was he qualified to draw up assignments of mortgages? A. Anybody can sign up that knows how. Q Is Mr. Cole an attorney? A. Not that I know of. Q. Is he a notary public? A. Yes. Q. But when you sent to Mr. … The gift must be established by a fair preponderance of all the evidence. (Ward v. N. Y. Life Insurance Co., 225 N. Y. 314 ; McKeon v. Van Slyck, 223 id. 392 .)

Schulmann v. Director, Division of Taxation

25 N.J. Tax 573 · New Jersey Tax Court · Nov 9, 2010

The court denied the motions on grounds that facts needed to be established as to the nature of the commissions, the manner in which they were paid and the reasons for the same. … Although Schulmann certified that payments from February 2002 onwards were made from TSK’s checking account, no checks showing payments as being generated or made by TSK were produced to support this statement. 10 Clearly

Gamache v. State

27 Misc. 3d 989 · New York Court of Claims · Mar 26, 2010

See, however, the concurring opinion of Chief Judge Lippman in a later decision, Dinardo v City of New York ( 13 NY3d 872, 876-877 [2009]), criticizing the McLean decision because “the broad immunity recognized for discretionary … “The Walker Boxing Law, as amended through the years, clearly establishes a direct relationship between the Athletic Commission and the boxers it licenses, from the time a match is proposed through the fight and its aftermath

Narciso v. Powell Police Dept.

2018 Ohio 4590 · Ohio Court of Claims · Oct 22, 2018

They also qualify for the physical safety exemption because the records reveal actual threats of physical violence to the concerned individuals. … Even items arguably related to, but not used to document any aspect of the investigation, may not qualify as “records” to which the Public Records Act applies.

Higgins v. Synergy Coverage Sols., LLC

2020 NCBC 4 · North Carolina Business Court · Jan 15, 2020

Nevertheless, “[a] speaker may not voice an opinion that he does not honestly believe, intending to deceive the listener, and then assert immunity from an action for fraud.” Potts v. … As an initial matter, this Court has held that “scienter and justifiable reliance are elements of a violation of § [78A-]8(1) or (3) . . . as those subsections of § [78A-]8 are clearly grounded on fraud.”

Nutley Township v. Anzalone

16 N.J. Tax 304 · New Jersey Tax Court · Dec 3, 1996

The testimony of the only two witnesses qualified to give an opinion of value is clear. Mr. … I find that there clearly was increased traffic, litter, parking problems, and noise resulting from the opening of the playground. Mr.

La Pointe's, Inc. v. Dept. of Revenue

4 Or. Tax 512 · Oregon Tax Court · Sep 7, 1971

The statute cannot intend such a result and the department’s regulation does not clearly require it. … This substitute, in and of itself, carries no guarantee that true cash value will be established. The defendant’s Orders No.

STATE Ex Rel. COOPER v. McCLURE

2007 NCBC 24 · North Carolina Business Court · Jul 19, 2007

She has subsequently established a residence in Florida. At times relevant to this action she was owner and chief executive officer of CBM. … {35} The NCESPA board clearly did not want members to pursue their self- interest as they normally would in a competitive environment.

Jervis B. Webb Company v. Director, Division of Taxation

New Jersey Tax Court · Aug 19, 2019

In order to qualify as a subcontractor the court must first find that United is a “contractor” as that term is understood by the regulation. … The agreement between United and the PA clearly indicates that United is required to perform the work at its sole cost and expense.

Canon Financial Services, Inc. v. Director, Division of Taxation

New Jersey Tax Court · Dec 5, 2018

The Loan Agreement specified that interest was established in the same manner as in prior years, that is, at one-quarter of a percent higher than the two-year swap rate established by Goldman Sachs. … To qualify for the unreasonable exception, the taxpayer “must produce clear and convincing evidence that disallowance of the interest deduction is unreasonable.” Kraft Foods Global, Inc. v.

International Schools Services Inc. v. West Windsor Township

24 N.J. Tax 453 · New Jersey Tax Court · Mar 27, 2009

Because ISS has the burden of establishing its entitlement to the exemption, Princeton University Press v. … Because his application of the facts to the statutory requirements was clearly shaped by his misunderstanding of the law, I give it no weight.

Morris v. Scenera Research, LLC

2012 NCBC 27 · North Carolina Business Court · May 14, 2012

{6} While the Parties disputed whether any bonuses were due after January 1, 2008, they agreed that any such bonus which is owed qualifies as “wages” under the Wage Act. … {30} Morris clearly demanded payment of bonuses, which he contended had been suspended but were accruing during 2008.

Volume Servs., Inc. v. Ovations Food Servs., L.P.

2018 NCBC 107 · North Carolina Business Court · Oct 17, 2018

App. 539, 543, 606 S.E.2d 353, 356–57 (2004) (“The function of [a] writ [of mandamus] is to compel the performance of a ministerial duty—not to establish a legal right, but to enforce one which has been established.” … “According to well-established North Carolina law, N.C. Const. art.

Terry v. Ppg Industries, Inc.

North Carolina Industrial Commission · Aug 1, 2001

Defendant was a duly qualified self-insured, with Key Risk Management Services, Inc., as the servicing agent. 3. The employee-employer relationship existed between the parties at all relevant times. 4. … Noble stated that plaintiff's depression most clearly rested on the occupational injury and the circumstances at work. 31. On 16 July 1997, plaintiff returned to Dr. Noble.

Keister v. Nat'l Council of the Young Men's Christian Ass'n of the United States

2013 NCBC 36 · North Carolina Business Court · Jul 18, 2013

An act or practice qualifies as "deceptive" under Chapter 75 if it "has a tendency to deceive." Dalton v. Camp, 353 N.C. 647, 656 (2001). … In each of those cases, it was alleged that one party clearly undertook to control or direct the interests of the other party. No such undertaking is alleged between Y-USA and Plaintiffs.

Yeshiva Kol Torah, Inc.,v Lakewood Township

New Jersey Tax Court · May 30, 2024

To qualify for an exemption from property tax: (1) the owner has to be organized for an exempt purpose; (2) the owner actually uses the property for an exempt purpose; and (3) the owner’s use and operation of the property … Summary judgment should be denied unless the right thereto appears so clearly as to leave no room for controversy. [Akhtar v. JDN Props.

Punish and Indu Malhotra v. Director, Division of Taxation

New Jersey Tax Court · Dec 21, 2021

A scrivener’s error or clerical error is well established as a non-judgment-based error. See, Lockwood v. Walsh, 137 N.J. Eq. 445, 450 (Prerog. … Clearly, material mistakes drive deficiencies, but that does not mean that all material mistakes are misrepresentations.