Case law

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)".

Indiana Department of State Revenue, Inheritance Tax Division v. Estate of Baldwin

652 N.E.2d 124 · Indiana Tax Court · Jun 23, 1995

The Department maintains that Baldwin's transfer is clearly in contemplation of death. … The Medicaid program, established by Congress in 1965, provides medical assistance to persons who are unable to meet the expenses of health care. See 42 U.S.C. § 1396 et seq.; Harris v.

In re the Probate of the Last Will & Testament of Carter

122 Misc. 493 · New York Surrogate's Court · Feb 15, 1924

Section 353 of the Civil Practice Act, heretofore referred to is qualified by section 354 as follows: “ But nothing herein contained shall be construed to disqualify an attorney in the probate of a will heretofore executed … It is an act in which the State has the supreme interest, and the witnesses should not be immune from disclosing a non-compliance with a public statute of great significance. ‘ Testamenti factio, non privad, sed publici juris

State v. Valmir Joseph

Delaware Court of Common Pleas · Feb 13, 2025

(2) Defendant alleges that the State failed to prove that Willey was qualified to testify under D.R.E. 702. … Willey was clearly qualified by knowledge, training, education, and experience, thus step one was met. Step two of the test requires for the evidence to be relevant.

American Telephone & Telegraph Co. v. Director

13 N.J. Tax 534 · New Jersey Tax Court · Dec 23, 1993

The burden is upon the claimant to clearly bring himself within the exemption provisions. Ibid. … In Metromedia, supra, our Supreme Court established the guidelines in determining the requirement to adopt an administrative rule.

300 Bowery, Inc. v. Bass & Bass, Inc.

122 Misc. 2d 985 · Civil Court of the City of New York · Jan 23, 1984

Petitioner has not disputed the storage use of the second floor, and this court finds that it clearly comes within the statutory provision requiring commercial use. … There was clearly a time gap between the hotel use and the current residential use.

Marston v. State

41 Misc. 3d 725 · New York Court of Claims · Nov 7, 2012

“A motion for summary judgment should be entertained only after the moving party has established, by competent admissible evidence, that it is entitled *727 to judgment as a matter of law. … Clearly Harbison was navigating, as that term is construed in the applicable case law previously noted, in the Hudson River at the time the accident occurred.

The Ash Organization v. City of Wilsonville

14 Or. Tax 362 · Oregon Tax Court · Aug 31, 1998

Clearly, there has not been a reduction in property taxes attributable to roads. Plaintiff contends that its Exhibit 3 demonstrates that the road fund was reduced. … The court finds that the preponderance of the evidence establishes there was no property tax reduction allocated to roads.

Town of New Lebanon v. State

14 Misc. 310 · New York Court of Claims · Mar 15, 1920

The board was authorized to establish rules as to the forms and methods of procedure before it. … chapter 692 of the Laws of 1906 the terms of the judges then in office were extended ten years from the date of the act, and it was provided that they should continue in office until their successors were appointed and qualified

In re the Estate of Kamp

7 Misc. 3d 615 · New York Surrogate's Court · Feb 22, 2005

Clearly, Henry N. Kamp knew his son Henry was retarded and intended to provide for him, even to the exclusion of his other children. … If able, Henry could renounce his right to income thereby qualifying the trust as a supplemental needs trust.

Nicholson v. State

23 Misc. 3d 313 · New York Court of Claims · Dec 15, 2008

“In opposition to a motion for summary judgment a *318 party must assemble and lay bare affirmative proof to establish that genuine material issues of fact exist. … The State, to implement the Federal program and further its expressed purpose, established an elaborate program, supplemented by regulations of the Commissioner, to identify qualifying students and their needs, to review

Hamilton County Assessor v. SPD Realty, LLC

9 N.E.3d 773 · Indiana Tax Court · May 27, 2014

The Hamilton County Assessor appeals the Indiana Board of Tax Review’s final determination that SPD Realty, LLC’s real and personal property qualified for a charitable purposes exemption for the 2009 tax year. … This language clearly requires that a property be used or occupied for charitable purposes for more than 50% of the time that it is actually used or occupied during the tax year at issue. See id.

People v. Brathwaite

11 Misc. 3d 918 · Criminal Court of the City of New York · Feb 21, 2006

Clearly, the defendants presented herein are “low-level offenders” for whom, the District Attorney concedes, jail is not the proper sentence. … As noted in Carrasquillo (supra), such a claim is actionable under the United States Supreme Court decision in Lane (supra), which upheld the ADA’s “abrogation of a State’s Eleventh Amendment immunity, and finding that liability

Johnson v. State of New York

2025 NY Slip Op 25284 · New York Court of Claims · Jul 11, 2025

But inasmuch as defendant has failed to argue—let alone establish—on the motion to dismiss that Ryan was not covered by the FLSA after his retirement from DHSES, [FN5] and no record before the [*4]Court exists upon which … with respect to FLSA claims accruing earlier than six months before filing of claim due to time limitations of CCA § 10 (4), upon which waiver of such immunity was conditioned]).

Klos Constr., Inc. v. Premier Homes & Props., LLC

2020 NCBC 53 · North Carolina Business Court · Jul 21, 2020

A non-outsider enjoys qualified immunity from liability on a tortious interference claim. Combs v. City Elec. Supply Co., 203 N.C. App. 75, 84, 690 S.E.2d 719, 725 (2010). … A non-outsider loses this qualified immunity if the non-outsider acts with “legal malice.” Varner v. Bryan, 113 N.C. App. 697, 702, 440 S.E.2d 295, 298 (1994).

Mideast Holding Corp. v. Tow

60 Misc. 2d 422 · Civil Court of the City of New York · Jul 14, 1969

Clearly a godson does not qualify as a member of his godfather’s immediate family unless he is also a blood relative. … Therefore the occupancy by the godson constitutes a violation of the tenancy under the lease and establishes the landlord’s right to a final judgment of possession.

Oaken Bucket Partners, LLC v. Hamilton County Property Tax Assessment Board of Appeals

909 N.E.2d 1129 · Indiana Tax Court · Jul 24, 2009

To be sure, the words "own, occupy, and use" restrict the activities that may be conducted on the property before an entity will qualify for an exemption. … Oaken Bucket therefore prima facie established that the Heartland space was predominately used for charitable/religious purposes.

Spang v. Department of Revenue

16 Or. Tax 166 · Oregon Tax Court · Nov 4, 1999

ANALYSIS Oregon law exempts the income of certain qualifying American Indians from state income tax. … Plaintiff clearly does not live on land set aside for the residence of tribal Indians under federal protection, as required by the state’s administrative rule (OAR 150-316.777(2)), as set out above.

Joyner-Pack v. State

38 Misc. 3d 903 · New York Court of Claims · Dec 3, 2012

Under the terms of the proposed ICO, the costs of claimant’s future medical care and other qualifying costs would be paid for out of the New York State Medical Indemnity Fund (the MIF or Fund), established in chapter 59 of … Put generally, the MIF is supported by a state appropriation, and pays the “qualifying health care costs” of “qualified plaintiffs.”

Savage v. Ohio State Univ.

2013 Ohio 4856 · Ohio Court of Claims · Jun 25, 2013

-06575 Magistrate Holly True Shaver DECISION OF THE MAGISTRATE {¶ 1} On June 14, 2010, after an evidentiary hearing, the court found that Norman Jones, Hannibal Hamlin, and Gary Kennedy were entitled to civil immunity … Therefore, the court finds that Hamlin’s statements were subject to a qualified privilege. As such, plaintiff has the burden of establishing that Hamlin acted with actual malice. Evely v.