Case law

Mahwah Township v. Bergen County

3 N.J. Tax 513 · New Jersey Tax Court · Nov 20, 1981

The court fully acknowledges that it is equally as clear that every square foot of the complex has not been trod upon yet the quilt of activities established by these witnesses clearly demonstrates that the complex was utilized … The defendants argue that the purpose of the supplement clearly was to disallow a rebate to otherwise qualified Bergen County municipalities.

In re Bernstein

3 Redf. 20 · New York Surrogate's Court · Feb 15, 1877

Stat. 680, the court of chancery is invested with authority to accept the resignation of a trustee and discharge him *23 from his trust, under such regulations as are established by the court, upon. such terms as .the rights … Hunter, ( 25 Barb., 81 ) cited by the proctor for the devisees holds substantially that the surviving executors, or a trustee qualifying, the other failing to qualify, may make a conveyance, and in that case on appeal ( 19

Green v. City of New York

181 Misc. 2d 607 · Civil Court of the City of New York · Jul 6, 1999

That is clearly an issue of fact which falls within the province of the jury. … Plaintiffs claimed that Verdonik, the Fire Captain on the scene, was negligent in failing to establish fire lines, and that Ogno, the operator of the fire vehicle, was negligent in failing to properly park the fire engine

Halatas v. State

43 Misc. 2d 260 · New York Court of Claims · Feb 7, 1964

Section 8-a of the Court of Claims Act provides, in part, for a waiver of immunity by the State for torts committed by members of the militia in the “ operation, maintenance and control of armories devoted to the use of the … It has *262 long been established that “ Statutes in derogation of the sovereignty of a state must be strictly construed and a waiver of immunity from liability must be clearly expressed.” (Smith v.

Housing Partnerships, Inc. v. Owens

10 N.E.3d 1057 · Indiana Tax Court · Jun 6, 2014

This case asks the Court to determine whether the Indiana Board of Tax Review erred when it held that for the 2006 tax year, Housing Partnerships, Inc. failed to show that its rental properties qualified for the charitable … In exchange for the governmental assistance, the corporation agreed both to rent its apartments to certain income-qualifying tenants and to charge budget-based rents. Id.

Leibowitz v. Mutual of Omaha Insurance

71 Misc. 2d 838 · Civil Court of the City of New York · Oct 6, 1972

It is further established that plaintiff’s own doctor has admonished him to discontinue all his activities as a pharmacist; and, in fact, he has not worked at all since April, 1971. … Those words are clearly susceptible of the construction that plaintiff is entitled to the benefits he seeks, where he has a legally qualified doctor attesting that he is prevented by illness from completely and continuously

Claim of Torres v. State

3 Misc. 2d 590 · New York Court of Claims · Apr 20, 1956

The State, however, has waived immunity from liability and consented to have its liability determined in accordance with the same rules of law as apply to actions in the Supreme Court against individuals or corporations, … It is difficult to see how the committee under these circumstances could formulate a claim with sufficient clarity to clearly establish the issues to be tried in this court.

Bochkis v. Med. Justice Servs., Inc.

2016 NCBC 89 · North Carolina Business Court · Nov 23, 2016

Although the Court concludes that Defendant is not immune from civil liability under N.C. Gen. … As to the Motion to Strike, the Court concludes in its discretion that none of the allegations in the Complaint that Defendant seeks to have stricken are clearly irrelevant or improper.

Hays v. Paramus Borough

28 N.J. Tax 342 · New Jersey Tax Court · Apr 17, 2015

Hays’ status as a veteran with a service connected total disability was established, in order to qualify for the exemption statute he had to have had a qualifying ownership interest in the subject property. … As established above, the referenced trust was established for the benefit of plaintiff.

Bloomer v. Todd

1 L.R.A. 111 · Washington Territory · Aug 14, 1888

That she was then, and for more than one year prior thereto had been, a resident, and a citizen, and a qualified elector of the Territory of Washington, and had then, and for more than one month immediately preceding said … contention that the word “citizen,” before and since the adoption of the fourteenth amendment, included women, yet the authority referred to expressly declares that the right of suffrage was not one of the privileges or immunities

Regent Corporation of Union, Inc. v. Director, Division of Taxation

27 N.J. Tax 577 · New Jersey Tax Court · Jan 17, 2014

Where the taxpayer does not clearly document its claim to investment company status through attached riders, the claim will be denied.”). … Where the taxpayer does not clearly document its claim to investment company status through attached riders, the claim will be denied.

In re the Estate Rodriguez

100 Misc. 2d 983 · New York Surrogate's Court · Sep 18, 1979

The evidence adduced established that petitioner and decedent met in May of 1973. … If a father is prepared to execute a formal acknowledgment of paternity (a prerequisite which appears clearly to be acceptable to the Supreme Court), obtaining an order of filiation will not be burdensome.

Greenwood Cemetery Ass'n v. City of Millville

1 N.J. Tax 408 · New Jersey Tax Court · Jul 30, 1980

The public policy of the State of New Jersey is clearly set forth in the statute and in case law. In Terwilliger v. … Unless the right is clearly established it should be and is denied.” [at 216, 55 A.2d at 59 ] Nor can the application of the de minimis rule help the taxpayer here.

In re the Estate of Cantor

80 Misc. 2d 555 · New York Surrogate's Court · Jan 9, 1975

In most cases, as here, it is purposed to establish a fiduciary to care for the property of a person who by reason of advancing age cannot perform this function himself. George B. … Letters shall issue to petitioner upon qualifying according to law. Bond of $32,000 shall ¡be required.

Opinion No. (2010)

Oklahoma Attorney General Reports · Aug 4, 2010

No qualified investment made in a qualified small business capital company or qualified investment made by a qualified small business capital company in one or more Oklahoma small business ventures during the period of the … Also, the legislation clearly does not contain an emergency clause.

People v. L.G.

18 Misc. 3d 243 · Criminal Court of the City of New York · Oct 12, 2007

In Giglio , the Supreme Court held that the Government’s failure to disclose a promise of immunity made to its key witness in exchange for that witness’ trial testimony violated the defendant’s due process rights. … If the tape does not clearly establish the witness’ ability to verify the complaint, or casts doubt on the child’s ability to differentiate truth from lies, it is within the court’s discretion to order a hearing to further

Estate of Fabiano v. State of New York

2025 NY Slip Op 50901(U) · New York Court of Claims · Apr 16, 2025

In opposition to the motion, Claimant argues that the State has failed to "conclusively establish entitlement to immunity". … Thus, these actions may be recommenced if they qualify for recommencement under CPLR 205 (a)".

In re the Judicial Settlement of the Account of Weekes

12 Mills Surr. 24 · New York Surrogate's Court · Apr 15, 1914

Two duly qualified experts, skilled in the law of Connecticut, were accordingly called as witnesses and duly sworn. … Both were qualified lawyers of the Connecticut bar, and one had been a probate judge in Connecticut; the other was the present attorney-general of the state.

Ward Telecommunications & Computer Services, Inc. v. State

83 Misc. 2d 331 · New York Court of Claims · Aug 20, 1975

"The examiners’ report rather carried with it the protection of qualified or conditional privilege.” It has been held that the defense of qualified privilege must be pleaded and proved. … However, I have come to the conclusion when, on claimant’s direct case, it was established that the libel emanated from an official audit report, the State’s right to the protection of a qualified privilege was established

Gary II LLC v. Lake County Assessor

Indiana Tax Court · Mar 13, 2025

Court reverses a final determination of the Indiana Board only when it is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity … Moreover, because it is evidence that is sufficient to establish a given fact, it remains sufficient to establish that fact if it is not rebutted.