Case law

In re Avery's Estate

92 N.Y.S. 974 · New York Surrogate's Court · Dec 15, 1904

When the court has acted upon the probate of the will—admitted it to probate—and when the executor has qualified as required by law, and letters have been issued to him out of, and under the seal of, the court, then, and … Even had the language of this statute been less explicit in limiting its application to domestic trust companies, it could not be held to embrace foreign trust companies, in the absence of language clearly indicating that

Mickle v. New York State Thruway Authority

182 Misc. 2d 967 · New York Court of Claims · Sep 7, 1999

Al *972 though such duty is nondelegable, the law is nevertheless settled that in the field of highway design engineering a qualified immunity from liability arising out of a highway planning is accorded (Friedman v State … However, under the doctrine of qualified immunity “a governmental body may be held liable when its study of a traffic condition is plainly inadequate or there is no reasonable basis for its traffic plan” (Friedman v State

International Flavors & Fragrances, Inc. v. Taxation Division Director

5 N.J. Tax 617 · New Jersey Tax Court · Aug 4, 1983

The regulation does weak *629 en the force of defendant’s position that attributed ownership such as plaintiff seeks here must be clearly and unmistakably reflected in the statute. … Clearly plaintiff possesses 100% of the “ownership of investment” in IFF-France and IFF-Brazil directly and through its wholly owned subsidiary IFF-Holland.

In re the Estate of Macneal

174 Misc. 947 · New York Surrogate's Court · Jul 25, 1940

Y. 552 ) as authority that such language is sufficient to establish a cancellation of the debts. I hold that it is not controlling here. The question is always one of intent. … On the contrary, the legislative intent is clear that the exempt property is immune from any form of legal process or diversion from its real owner, the surviving spouse.

Ellis v. Cuyahoga Cty. Prosecutor's Office

2018 Ohio 3480 · Ohio Court of Claims · Aug 29, 2018

A requester qualifies as an “aggrieved person” if he makes a public records request either in his own name, or through a designee. State ex rel. Quolke v. Strongsville Sch. Dist. … R.C. 149.43(B)(8) (formerly R.C. 149.43(B)(4)) “clearly was drafted to restrict the ability of inmates to obtain what would otherwise be easily obtainable by noninmates.” State ex rel. Russell v.

York v. Ohio Dept. of Transp.

2012 Ohio 3678 · Ohio Court of Claims · Mar 12, 2012

Accordingly, the court finds that plaintiff consented to try the issue of defendants’ discretionary immunity. {¶ 33} It is well established that “the state cannot be sued for its legislative or judicial functions or … ODOT’s decision as to whether to increase the width of the paved shoulder when section 630-5(2)(c) of the Traffic Engineering Manual was updated is clearly a policy decision of such nature.

Berfond v. Hoffman

61 Misc. 2d 330 · Civil Court of the City of New York · Oct 30, 1969

An .ambiguity clearly does exist and the need for clarification is obvious. However, it is encumbent upon the court to resolve this ambiguity in this case at bar. … The monthly rent is hereby established as $240 plus an increase of 15%, or $276. The landlord is entitled to rent for the month of September, 1969.

Question Submitted by: Vicki Zemp Behenna, Office of the District Attorney, 7th District

2024 OK AG 15 · Oklahoma Attorney General Reports · Oct 30, 2024

Clearly, the Legislature has expressed its intent that officers using excessive force and the officers who shield them from accountability act contrary to public policy. ¶13 The Legislature did not repeal section 34.1. … If immunized from criminal prosecution, the only barriers to dissuade the bad apples among the peace officer ranks are potential employment consequences and federal 1983 lawsuits. See 42 U.S.C. § 1983 .

Firth v. State

184 Misc. 2d 105 · New York Court of Claims · Mar 8, 2000

Claimant argues, at page 8 of his memorandum of law, as follows: “This Claim clearly asserted defamation by virtue of Internet publication as well as paper publication. … The Court further held that even if deemed a publisher, a telephone company would be entitled to a qualified privilege excusing it from liability in the absence of malice or bad faith.

Friends of Ahi Ezer Congregation, Inc. v. City of Long Branch

16 N.J. Tax 591 · New Jersey Tax Court · Jul 11, 1997

The well settled rule in New Jersey is that the party claiming an exemption has the burden of establishing that it is entitled to tax exempt status. … Clearly, the nursing home is not a synagogue as it is not set apart for public worship. More importantly, the nursing home is not an exempt entity.

In re the Estate of Wrone

177 Misc. 541 · New York Surrogate's Court · Oct 25, 1941

The evidence conclusively establishes that the decedent made a valid and absolute gift to the respondent of the stock. The essentia! … It was there held that transfers made in the lifetime of the decedent for the benefit of other persons were immune from the attack of the widow because the decedent had left no will.

St. Regis Tribe of Mohawk Indians v. State

4 Misc. 2d 110 · New York Court of Claims · Dec 27, 1956

It is true that under section 8 of the Court of Claims Act the State of New York has waived its sovereign immunity. … That waiver, however, merely applies to areas where before its enactment a definition of sovereign immunity might have been interposed (Fullerton v. City of Schenectady, 285 App. Div. 545 , affd. 309 N.

In re the Estate of Lode

135 Misc. 2d 218 · New York Surrogate's Court · Apr 24, 1987

Moreover, the legislative history of the amendment establishes an intention to "broadly define the family relationship” in this new familial framework. … Letters of administration c. t. a. shall issue to Rosi Lode and Henry Wimpfheimer upon their duly qualifying according to law.

Kost v. Estate of Amin & Family Health Services Center

20 Pa. D. & C.3d 595 · Pennsylvania Arbitration Panels for Health Care · Nov 9, 1981

The boundaries of liability for negligent infliction of mental distress under the Sinn rule have not been clearly established. … Kost did not aver that she personally observed the immunization which caused her son later to go into shock. We reject this argument in that Mrs.

Skorvanek v. Ohio Dept. of Rehab. & Corr.

2017 Ohio 2694 · Ohio Court of Claims · Mar 2, 2017

Accordingly, the ODRC is entitled to discretionary immunity.” Id. at ¶ 18. … issue which is to be established before them.

Prestidge v. Dept. of Rev.

21 Or. Tax 386 · Oregon Tax Court · May 13, 2014

As provided for in the trust instrument, three trusts were then established. … The QTIP Trust was designed to qualify under federal estate tax law as vesting in Mifflin an interest of such magnitude that the transfer would qualify for the marital deduction in computing the federal estate tax liability

Opinion No. 72-206 (1972) Ag

Oklahoma Attorney General Reports · Aug 3, 1972

The Arkansas Supreme Court has considered the question of whether the heirs of a deceased high school instructor could qualify for State Workmen's Compensation benefits. … Title 70 O.S. 4401 -4418 [70-4401-4418] clearly emphasize the local control by governing boards of counties, cities, towns and school districts in the establishment of community junior colleges.

Opinion of the Justices of the Supreme Judicial Court

1 Rep. Cont. El. 117 · Massachusetts House of Representatives · Jul 1, 1811

The *121 rule of apportionment therefore does not depend on the number of legal voters, all of whom must be of full age; whereas the polls of minors, above the age of sixteen years, were ratable at the establishment of the … Whether their polls are, or are not ratable, they are not qualified voters for senators or representatives; mor can they be qualified to hold either of those offices.

Royal Food Distributors, Inc. v. Director, Division of Taxation

15 N.J. Tax 60 · New Jersey Tax Court · Jun 16, 1995

any one of the 15 items enumerated in the statute qualifies as a “litter-generating product.” … Clearly, they do. Plaintiffs argument does present an additional question.

Gale Builders, Inc. v. Hunterdon County Board of Taxation

8 N.J. Tax 16 · New Jersey Tax Court · Nov 13, 1985

A. 54:4-23.1 et seq., qualifying farmland is assessed at a preferential value based on its agricultural and horticultural value, N.J.S.A. 54:4-23.2. … Franklin Tp., 107 N.J.Super. 218 , 258 A.2d 18 (App.Div.1969) *20 In the event a change of use occurs whereby a property previously assessed as qualified farmland is no longer used for agricultural or horticultural purposes