Case law

Davis v. Sears

35 S.W.2d 99 · Texas Commission of Appeals · Feb 4, 1931

There is such pleading and proof in this case, as the record clearly shows. … But the decision clearly indicates that facts can be established in a given case with such certainty as to require the courts to take a child from its parents and continue it in possession of others.

Temple Emanu-El v. Englewood City

21 N.J. Tax 462 · New Jersey Tax Court · Jun 29, 2004

Rabbi Hertzberg’s uncontroverted deposition establishes that he served as the synagogue’s full-time rabbi between 1956 and 1985, when he became rabbi emeritus. … The bulk of religious services at Ohel Simha synagogue are performed by, and are the responsibility of, Rabbi Choueka, who is clearly the spiritual leader and pulpit rabbi of the congregation.

Gonzalez v. State

121 Misc. 2d 210 · New York Court of Claims · Sep 30, 1983

A person may be admitted under section 9.39 of the Mental Hygiene Law “only if a staff physician of the hospital upon examination of such person finds that such person qualifies under the requirements of this section.” … No expert testimony is required to establish that these emotional disturbances were proximately caused by and naturally flowed from this experience. (Meiselman v Crown Hgts.

Estate of Lustgarten v. Director, Division of Taxation

15 N.J. Tax 1 · New Jersey Tax Court · Apr 18, 1994

If such had been the order of deaths, no Trust would have been established under Article Fifteenth. … "beneficiaries” referring to the beneficial interests in the Qualified Terminable Interest Property Trust established pursuant to Article Fifteenth of Decedent’s Will. See Cody v.

Dellecave v. State of New York

2025 NY Slip Op 51586(U) · New York Court of Claims · Aug 21, 2025

Applying these principles to the matter at bar, the State has established its entitlement to the dismissal of the instant Claim for untimeliness. … This is in contravention with Court of Claims Act § 10(6), which clearly states that the claim proposed to be filed shall accompany the application.

In re Patricy

2011 Ohio 4351 · Ohio Court of Claims · May 6, 2011

The applicant argued the food stamps he received after his injury should not qualify as a collateral source. … The fund was established for a variety of reasons based upon the feelings of the anonymous donors.

Village of Hudson Falls v. State

14 Misc. 304 · New York Court of Claims · Mar 15, 1920

The claimant on the trial established the amount of damages sustained by such abutting owners and also the fact that it paid the same. … While it is true that the state in consequence of its sovereignty is immune from prosecution in its own courts yet the state may waive such immunity, assume liability and confer upon tribunals jurisdiction to hear, try and

Miller

1 Armstrong. Election Cases 142 · New York State Assembly · Jan 5, 1841

The principle is established, that the statute does not require the name to be written out in full. … It is also established, that the intention of the elector shall govern, and that this intention may be ascertained by extrinsic evidence.

Meyer v. State

92 Misc. 2d 996 · New York Court of Claims · Mar 1, 1978

The State is clearly not an insurer against accidents resulting from the natural character of an area such as a park. (See Schumm v State of New York, 12 AD2d 682 .) … No award is made for loss of services for the reason that Robert Meyer failed to establish what services were actually lost by reason of the injury and the value thereof.

Pacurib v. Villacruz

183 Misc. 2d 850 · Civil Court of the City of New York · Nov 29, 1999

The policy of the statute of frauds is ‘not directed at cases of dishonesty in making’ a promise [citation omitted]; never intended as an instrument to immunize fraudulent conduct, the statute may not be so employed.” … Clearly, the $2,000, which each founder is required to “gift” to the CEO, is a “means, medium, form or channel for the transferring of funds,” and thus qualifies as an “investment” as that term is defined by the General Business

In re the Estate of Eisenberg

177 Misc. 655 · New York Surrogate's Court · Nov 3, 1941

The second period covers a clearly established legal residence in his domicile of choice in New York State of forty-five years from 1892 to 1937. … Tax costs and submit decree on notice admitting the will to probate and granting letters testamentary to the executors named in it who may qualify.

Theodore Barry & Associates v. State

155 Misc. 2d 243 · New York Court of Claims · Aug 6, 1992

BACKGROUND Claimant Theodore Barry & Associates (TB&A) is a California corporation qualified to conduct business in this State. … If an identical contract with another State official (the Commissioner of any agency, for example) were involved or if the contract in question were for something clearly dissimilar to the Comptroller’s governmental power

Texas Employers' Ins. Ass'n v. Brock

36 S.W.2d 704 · Texas Commission of Appeals · Feb 18, 1931

According to the verdict of the jury the defendant in error established both of these necessary elements. … Clearly the testimony was inadmissible and should not have been permitted to go to the jury. Volume 1, Elliott on Evidence, p. 802, § 679.

Michael Giammarino and Roseann Giammarino v. Dir., Div. of Taxation

New Jersey Tax Court · Nov 13, 2025

To qualify for the privilege, the activity must be: an integral part of the deliberative and communicative process by which Members participate in committee and [House] proceedings … The court finds that these materials are clearly within the legislative sphere and are insulated from disclosure under the Speech or Debate Clause.

In re the Estate of Burke

111 Misc. 2d 296 · New York Surrogate's Court · Nov 4, 1981

Clearly, the import here is to preclude recovery where there are “dependents” who might otherwise be in need of assistance, although the statute contains no ceiling on the size of an estate which may pass to a dependent. … Burke to qualify for or receive Medicaid benefits during her lifetime.

Opinion No. (2005)

Oklahoma Attorney General Reports · Dec 7, 2005

If H.B. 1747 is construed to evince a legislative intent to create a "retired reserve peace officer" status, should CLEET promulgate rules that clearly define what constitutes the status of being "retired" for reserve peace … White, 689 P.2d 311 , 314 (Okla. 1984). ¶ 4 If we construe the amendment either to refer to individuals who could qualify to obtain the concealed weapon identification because they are otherwise eligible to participate in

Consistory of the Congregation of Paramus v. Township of Ridgewood

20 N.J. Misc. 125 · New Jersey Tax Court · Mar 24, 1942

The building must clearly appear to constitute a- “building for cemetery use.” The respondent contends that neither fact is established. … Therefore, the building does not qualify for exemption under the statute. Its use in connection with Valleau Cemetery is immaterial, since it is not erected thereon. The assessment is affirmed.

Dunn v. Vinyard

251 S.W. 1043 · Texas Commission of Appeals · May 30, 1923

We think it but fair to say that the entire will clearly indicates a desire on the part of Capt. Dunn to generously provide for Mrs. … There are cases holding that acts of this character, es-peciálly in the absence of evidence showing a contrary intention, conclusively establish an election. Ross v. First Presbyterian Church, 272 Mo. 96 , 197 S.

In re the Estate of Fuchs

150 Misc. 2d 585 · New York Surrogate's Court · Apr 22, 1991

SCPA 1001 (1) through (7) set forth the order of priority for granting letters of administration in those estates where a qualified distributee or a representative of a distributee is willing to receive letters. … Accordingly, where, as here, the petitioner does not even assert that he can presently establish that he is a distributee of the decedent, the Public Administrator clearly has priority (Matter of Kestel, 277 App Div 883 ;

Livingston v. Van Ingen

9 Johns. 507 · Court for the Trial of Impeachments and Correction of Errors · Mar 15, 1812

established. … The state law would be absolute, until the appearance of the national bank, and then it would have a qualified effect, and be good pro tanto.