Case law

In re the Estate of Parker

15 Misc. 2d 162 · New York Surrogate's Court · Oct 15, 1958

Each gift was qualified by the words “if he [or she] survives me.” The text which the court is asked to construe reads: “ B. … The principle has been well established that section 29 is not ■operative in a case where the will clearly and plainly expresses the intention that the bequest shall be effective only in the event that the legatee survived

In re the Estate of Warburg

129 Misc. 832 · New York Surrogate's Court · Jun 15, 1927

From the affidavits and proofs submitted, it clearly appears that the will was established in Germany in accordance with the laws of that country. … Buhler, is not entitled to such letters, unless the German executors fail to qualify or fail to make a proper designation of a substitute under the provisions of that section. (Baldwin v. Rice, 183 N. Y. 55 .)

In re the Revocation of Letters Testament of Burr

5 Mills Surr. 67 · New York Surrogate's Court · Jul 15, 1905

The immunity of the estate is absolute. His position is purely fiduciary. … The court, in its opinion, at pages 553 and 554, says:. “ To establish a ratification by a cestui que trust, the fact must not only be clearly proved, but it must be shown that the ratification was made with full knowledge

Opinion No. (1999)

Oklahoma Attorney General Reports · May 26, 1999

branches of the healing art as defined in 59 O.S. 1951 § 702[59-702], must append to his name so written or printed in the same size letters as his name appropriate and generally and easily understood words or letters, which clearly … This statutory definition, along with the remaining provisions of the Basic Science Law, established by the Legislature in 1937, was repealed in 1973.

6787 Steelworkers Hall, Inc. v. Jon M. Snyder, Assessor of Porter County

71 N.E.3d 97 · Indiana Tax Court · Mar 3, 2017

demonstrate to the Court that the Indiana Board’s final determination is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity … Indeed, Local 6787 has not shown that the Indiana Board abused its discretion, (i.e., it misinterpreted the law or issued a final determination clearly against the logic and effect of the facts and circumstances before

Opinion No. (1985)

Oklahoma Attorney General Reports · Sep 24, 1985

Presuming that a qualified blind vendor is not available for each facility, the determination of whether or not another vendor is in direct competition with a qualified blind vendor would constitute a question of fact. … Prior to its amendment in 1978 ( see Laws 1978, c.127, 3), the provisions of this act clearly, therefore, provided a process whereby rent was to be paid to the governing body of a state institution by a licensed blind vendor

People v. Diaz

22 Misc. 3d 624 · Criminal Court of the City of New York · Nov 17, 2008

The defendant’s alleged acts of flailing his arms so as to prevent his being handcuffed clearly establish that he intended to prevent or attempted to prevent his arrest. … To construe the statute to require proof of such incitement would effectively immunize those who engage in street violence from legal sanction. .

Muir Woods Section One Assn., Inc., Muir Woods, Inc. Spruce Knoll Homeowners Assoc., Inc. and Oakmont Homeowners Assoc., Inc. v. Marion County Assessor, Joseph P. O'Connor

Indiana Tax Court · Aug 31, 2020

R. at 528 ¶ 16.) 4 contrary to constitutional right, power, privilege or immunity; in excess of or short of statutory jurisdiction, authority, or limitations; without observance … In any event, the opposing interpretations regarding the temporal application of the Exemption Statute clearly indicate that the HOAs’ claim was not proper for a Form 133.

In re the Estate of Baker

189 Misc. 159 · New York Surrogate's Court · Apr 10, 1947

Accordingly, the evidence which the objectant claims would establish the legitimacy, is clearly inadmissible in this proceeding. … Letters of administration will issue to the petitioner upon the filing of a bond in the sum of $14,000 and otherwise qualifying pursuant to statute. Settle decree.

Bohn v. Waddell

167 Ariz. 344 · Arizona Tax Court · Mar 7, 1991

In Ashland, the Supreme Court found that Armco did not establish a new principle of law. Ashland, 110 S.Ct. at 3205 . … The applicable federal law in this circumstance is clearly that set forth in Davis. Davis, as has been stated, does not require such a drastic result.

Edwards v. Ohio Dept. of Transp.

2016 Ohio 5221 · Ohio Court of Claims · Jun 10, 2016

“A qualified nuisance is essentially a tort of negligent maintenance of a condition that creates an unreasonable risk of harm, ultimately resulting in injury.” State ex rel. R.T.G., Inc. v. … , was established when ODOT undertook an investigation of plaintiffs’ property.

Remi Holdings, LLC v. Ix Wr 3023 HSBC Way L.P.

2016 NCBC 96 · North Carolina Business Court · Dec 12, 2016

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 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).

In re the Estate of Van Nostrand

177 Misc. 1 · New York Surrogate's Court · Jul 30, 1941

All qualified as executors and all except the widow, who survived the testator by only a year, acted as trustees. Pursuant to the residuary clause, as construed by Mr. … Accordingly, at the time the income here in question was received, the law was clearly established that it was usable only for the repayment of principal advances and by application of the principle that equity deems that

Opinion No. (2010)

Oklahoma Attorney General Reports · Dec 20, 2010

We have held previously that deductions to be allowed in computing net income depend entirely on the legislative will and must be clearly expressed. … There is no requirement that the establishment being invested in actually establish nonstop air transportation service from the state to either coast.

Lascaris v. Downs

83 Misc. 2d 25 · New York Family Court · Jun 26, 1975

Additional support is lent to the establishment of the intent of neither the commissioner nor the mother to abandon their efforts to establish paternity of the respondent is that neither sought existing statutory remedies … This right involves also the right to adduce testimony, and to cross-examine the witnesses adduced on the other side.’ ” Clearly, the commissioner appeared in the mother’s case based upon a property interest derived from

Lugano v. Director, Division of Taxation

28 N.J. Tax 49 · New Jersey Tax Court · May 28, 2014

The Director contends that the Plaintiff does not qualify for the exemption as a domestic partner. … Plaintiff attempts to characterize the filing of the Declaration of Domestic Partnership with the FRB as qualifying the relationship under N.J.S.A. 26:8A-6(c) which provides recognition to domestic partnerships established

Snyder v. Township of Sparta

16 N.J. Tax 321 · New Jersey Tax Court · Feb 25, 1997

Jackson Tp., 11 N.J.Tax 97, 99 (App.Div.1989) (holding that the tax assessor has the burden of proof to establish that a change in actual use has occurred). … This statute clearly contemplates that each assessor will act independently in imposing an assessment on the portion of the property located in that assessor’s taxing district.

Ovidiu Ciceu v. Knox County Assessor

Indiana Tax Court · Oct 24, 2025

A party cannot make an argument for the first time in his reply brief; this has long been established practice in Indiana’s reviewing courts. State v. Marion Cir. … Stated another way, the Board found that the Assessor’s assessor-appraiser certification did not qualify him as an expert in generally accepted appraisal principles.

Opinion No. 69-246 (1969) Ag

Oklahoma Attorney General Reports · Jul 23, 1969

The rules referred to obviously designate a basis upon which any Oklahoma bank might qualify as a depository. … Thus. the manifest purpose of the rules is to establish criteria for selection of Oklahoma banks as depositories in order that any bank in the State might have an equal opportunity to qualify as a depository.

Doe v. State

159 Misc. 2d 83 · New York Court of Claims · Aug 6, 1993

a remedy when the petitioner has established a right to relief. … The article further clearly contemplates that qualified insurance companies issue and make the periodic payments arising under CPLR article 50-B (see, e.g., CPLR 5042).