Case law

In re the Estate of Bay

178 Misc. 737 · New York Surrogate's Court · May 6, 1942

The rule is well established in this State that an absolute gift in a will can only be qualified or cut down by a subsequent provision where the intention of the testator to do so is clearly understood from the language employed … The provisions of the will which follow the outright gift merely qualify the method of enjoyment but do not affect the remainder interest which passes to Thomas under the outright bequest. (Felter v.

Tsafatinos v. Ward

177 Misc. 2d 590 · Civil Court of the City of New York · Apr 21, 1998

Nor is he immune from liability by the mere fact that the current suit is concededly based exclusively upon acts which cannot be divorced from *594 that prior litigation. … Plaintiff was thus obliged to set forth additional facts sufficient to overcome that presumption (supra), which she clearly failed to do.

Basner v. Andrews

72 Misc. 2d 228 · Civil Court of the City of New York · Nov 15, 1972

R. and now asserts that it can claim the sovereign immunity that the U. S. S. … A specific procedure for the assertion of immunity on behalf of a foreign sovereign has been clearly established.

The Jacob & Alice Klein Charitable Remainder Unitrust, Ilana Kahn, Trustee v. Director, Division of Taxation

New Jersey Tax Court · Jun 4, 2026

See GE Solid State, 132 N.J. at 312-13 (noting that a “long-continued error does not make valid what is clearly invalid”). The court’s point is not just legislative inaction. … And unrelated to tax exemptions, but with the same benign eye towards exclusively charitable organizations, is the statutorily granted immunity from liability claims to a “nonprofit corporation, society or association

Opinion No. 71-289 (1971) Ag

Oklahoma Attorney General Reports · Jul 15, 1971

(Emphasis added) A plain reading of the above language, and a strict interpretation of the same, clearly indicates that the qualified voters residing in the area of the authority shall vote upon the approval, prohibition, … No authority shall operate in any area in which an authority already established is operating without the consent by resolution of the authority already operating therein."

Coakley v. State

150 Misc. 2d 903 · New York Court of Claims · May 2, 1991

Section 8-b then tells us that such a claimant will still qualify for relief if but only if the grounds relied on were those set forth as acceptable under CPL 440.10. … Traditionally their only recourse was through private statutes or actions for false arrest or malicious prosecution where many of the participants were absolutely or qualifiedly immune.

Deal Yeshiva, Inc. v. Deal Borough

16 N.J. Tax 599 · New Jersey Tax Court · Aug 20, 1997

The well settled rule in this State is that the party claiming an exemption has the burden of establishing that it clearly qualifies for tax exempt status. … On the other hand, even though the statute does not qualify the two parsonages as having to be “in this State”, the Legislature can only establish statutory exemptions for properties located in New Jersey.

Drake v. State

97 Misc. 2d 1015 · New York Court of Claims · May 18, 1979

Although *1019 the establishment of roadblocks was discussed as early as 6:15 p.m., none were established until 8:00 p.m., and then only to the south of the campsite. … In doing so, they acted in reckless disregard for their own safety and clearly assumed the risk of injury.

Fraser v. State

112 Misc. 19 · New York Court of Claims · May 15, 1920

And it can only be made liable when the state waives its immunity. … In this case the state has assumed liability and waived its immunity, but with the proviso, however, in the legislative enactment assuming such liability that the state would only be *23 liable under the same circumstances

Kildsig v. Warrick County Assessor

998 N.E.2d 764 · Indiana Tax Court · Oct 8, 2013

The Assessor, however, maintained that the classification of Kildsig's land was proper because, unlike his neighbor, he did not use his land for any qualifying agricultural purpose. … demonstrate to the Court that the Indiana Board's final determination is: (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity

In re the Estate of Choate

141 Misc. 2d 489 · New York Surrogate's Court · Oct 17, 1988

Choate’s will establishes a qualified terminable interest property (QTIP) trust of his residuary estate (valued at $7.5 million) for the benefit of his widow. … However, the inclusion ratio (established on the filing of Mr.

legalzoom.com, Inc. v. N. Carolina State Bar

2014 NCBC 9 · North Carolina Business Court · Mar 24, 2014

{72} Sovereign immunity protects a State agency from suit absent a waiver of its immunity. Walton v. N. Carolina Dep’t of Agric. & Consumer Servs., No. 5:09- CV-302-FL, 2010 U.S. Dist. … A state agency is entitled to this immunity, as is the State itself. See Meyer v.

Herman v. State

109 Misc. 2d 455 · New York Court of Claims · Jun 10, 1981

The decision-making power with respect to such projects properly reposes in the executive and legislative branches of government whose discretionary acts are clothed with qualified immunity. … The previous accidents concerning which claimant has adduced evidence, clearly establish that sand bars constituted a hazardous condition at WE 2; that accidents caused thereby were serious in nature; and that the State had

Opinion No. 71-151 (1971) Ag

Oklahoma Attorney General Reports · Apr 29, 1971

In Anderson, petitioners challenged the validity of a school district election whereby the Board of Trustees had established only one (1) voting place within the district. … Accordingly, if an elector has allowed his registration to expire, then said elector clearly does not comply with the registration requirement, and thereby, is not qualified to vote in any school district elections.

Seelye v. State

178 Misc. 278 · New York Court of Claims · Apr 1, 1942

This testimony established the State’s right of way limits within the village. Mr. … Statutes in derogation of the sovereignty of the State must be strictly construed, and a waiver of liability must be clearly expressed. (Litchfield v. Bond, 186 N. Y. 66 ; Smith v. State of New York, 227 id. 405.)

In re the Estate of Clark

107 Misc. 2d 17 · New York Surrogate's Court · Oct 20, 1980

With respect to the Federal estate tax paid by the decedent’s estate, there is no dispute over the fact that the entire elective share payable outright to the widow qualified for *20 the marital deduction. … Since she is not obligated to pay any part of the latter, she is likewise immune from all obligation as to the former.”

Opinion No. (1979)

Oklahoma Attorney General Reports · Mar 22, 1979

It places at his disposal additional technical and clerical help including a qualified specification engineer and eighteen qualified buyers experienced in all facets of state purchases. 74 O.S. 85 .5 of the Central Purchasing … The plain language of the above quoted section, clearly establishes the legislative intent that in the event an agency and Purchasing Director cannot agree upon the specifications or brand of product requested, the State

Opinion No. 79-049 (1979) Ag

Oklahoma Attorney General Reports · Mar 22, 1979

It places at his disposal additional technical and clerical help including a qualified specification engineer and eighteen qualified buyers experienced in all facets of state purchases. 74 O.S. 85 .5 [ 74-85.5 ] of the Central … The plain language of the above quoted section, clearly establishes the legislative intent that in the event an agency and Purchasing Director cannot agree upon the specifications or brand of product requested, the State

Artis v. City of New York

133 Misc. 2d 629 · Civil Court of the City of New York · Nov 28, 1986

Clearly, the express exclusion, in section 781, of a single, specific category of receiver from the definition of "owner” was intended by the Legislature as an implied inclusion of all other persons. … The City argues that despite RPAPL 781 it is immune from the application of article 7-A because of the nature of the fee ownership it has acquired.

Opinion No. 76-230 (1976) Ag

Oklahoma Attorney General Reports · Jun 14, 1976

No fees, regardless of appellation, may be legally exacted as a condition of attendance of public schools by children otherwise qualified. … Said statutory provision clearly contemplates that attendance of the public school system of the State be absolutely free to such children.