Case law

Marcoux v. Prim

2004 NCBC 5 · North Carolina Business Court · Apr 16, 2004

Thus, plaintiff claims that Muehlstein does not qualify as an independent director. … The Western National court established the plaintiff’s burden in proving that a director does not qualify as independent by stating: “To establish lack of independence, a plaintiff meets his burden by showing that the directors

Quality Medical Healthcare, P. C. v. American Transit Insurance

182 Misc. 2d 991 · Civil Court of the City of New York · May 24, 1999

as with the long-arm statute, in order for an action to fall within the CCA “transacts business” venue provision, there must be a direct nexus between the cause of action and the act constituting the minimum contact that qualifies … In light of the scant details provided by plaintiff, the only thing that is clear is that defendant provides the services in question to Bronx residents, which, by itself, clearly does not constitute “transacts business”

In re the Judicial Settlement of the Account of Randell

2 Connoly 29 · New York Surrogate's Court · Jul 15, 1889

And such statute should not be held abrogated except *37 by express repeal or clearly inconsistent subsequent enactment. … This far-reaching undesirable public policy is not to be imputed to the legislature without being clearly expressed.

In re the Estate of Grupp

160 Misc. 2d 407 · New York Surrogate's Court · Mar 8, 1994

distributed to such other qualifying charities as the trustee shall select. … appearance of the clause in the September 11 will, positioned just after the preresiduary gifts, to which substantial changes had been made, and the over-all estate plan, consistently articulated in this and prior wills, clearly

CityWide Social Work & Psychological Services, P.L.L.C. v. Travelers Indemnity Co.

3 Misc. 3d 608 · Civil Court of the City of New York · Feb 11, 2004

In his view, the Beck instruments are “clearly diagnostic tests” that are frequently used before a diagnosis has been made, for example, to validate information provided by the patient during the relatively short interview … Indeed, psychological injury can qualify as “serious injury” within the meaning of Insurance Law § 5102 (d).

In re Marraccini

908 A.2d 377 · Court of Judicial Discipline of Pennsylvania · Jul 20, 2006

The Court observed that “[t]hese formulations all share a common nucleus” and that “some statements qualify under any definition.” Id. … However, this Court’s omission to make it known that Judge Evashavik and Chief Wood were wrong to think that Rule 454(B) authorized the use of a “reader” when it clearly does not, unfortunately leads to the conclusion that

Florida League of Cities v. Department of Insurance & Treasurer

25 Fla. Supp. 2d 221 · State of Florida Division of Administrative Hearings · Feb 19, 1987

As amended by Chapter 86-41, Laws of Florida, Section 175.301 allows deposit of such funds in either a separate fund clearly identified as funds of the municipal firefighters’ pension trust fund, or in a qualified public … This does not contravene Section 175.301, as amended, as long as general pension plan funds are maintained in a qualified public depository.

Nelson v. State

2010 Ohio 1777 · Ohio Court of Claims · Apr 19, 2010

The Court of Appeals noted that the April 9, 2003 amendment to R.C. 2743.48(A)(5) allowed “a person, such as appellant, who could not establish his or her actual innocence, but who could establish that an error in procedure … In order to qualify as wrongfully imprisoned under the original statute, an individual needed to prove, inter alia, “either that he or she did not commit the offense or that no other person committed it.

Opinion No. 76-151 (1976) Ag

Oklahoma Attorney General Reports · Mar 25, 1976

(pg. 401) Clearly, the intent of Section 601 is to impose a positive duty on the Board of County Commissioners to maintain those roads which best serve the most people of the county. … Null, 51 Okl. 602 , 152 P. 92 (1915); which involved the issue of whether public officers were immune from liability for damages arising from repairing a highway, a duty imposed upon them by law. In Mott v.

In re the Estate of Atlas

86 Misc. 387 · New York Surrogate's Court · Mar 5, 1976

The decedent was tax conscious as is clearly indicated by his desire to obtain a maximum marital deduction as well as a charitable deduction. … The court wanted to establish whether the trustees could realistically anticipate a yield from the portfolio of a sufficient amount to pay the annuity without having to diminish corpus.

Rodriguez v. State

55 Misc. 2d 669 · New York Court of Claims · Dec 20, 1967

On the evidence before the court, claimant clearly was discharged from probation on March 18, 1963 but nevertheless was held in prison during a four-month period thereafter, beginning February 4, 1964, for alleged violation … Harsh though the application of the rule of judicial immunity may seem, it is essential to bear in mind the comment of Judge Learned Hand in Gregoire v.

Faltynowicz v. Battery Park City Auth. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)

67 N.Y.S.3d 547 · Court for the Trial of Impeachments and Correction of Errors · Nov 21, 2017

Assn., 5 N.Y.2d 420 , 185 N.Y.S.2d 534 , 158 N.E.2d 238 ), sovereign immunity ( Matter of Dormitory Auth. of State of N.Y. [Span Elec. … BPCA argues that the District was only established as a "public corporation," not a "public benefit corporation."

Hospital Portrait Service Co. v. Taxation Division Director

6 N.J. Tax 305 · New Jersey Tax Court · Dec 19, 1983

Supplies____ Since plaintiff has not challenged the validity of these regulations, the first question for resolution is whether photographic film qualifies for the exemption as “machinery, apparatus or equipment.” *313 "Photography … It is axiomatic that in seeking the benefit of a tax exemption plaintiff has the burden of establishing that its claim fits clearly within a statutory exemption provision. Container Ring v. Taxation Div.

In re the Estate of Mosley

138 Misc. 847 · New York Surrogate's Court · Jan 17, 1931

On this question the law is clearly set forth in Aalholm v. People ( 211 N. Y. 406 ). … Its purpose is, to my mind, clearly broader than this.

R. L. G. v. J. G.

387 A.2d 200 · Delaware Family Court · Sep 26, 1977

If Wife remarries and remains in the residence, she will then purchase Husband’s full one-half (%) interest to the property, based on the fair market value at that time as established by the appraisal of a qualified appraiser … by the appraisal of a qualified appraiser approved by both parties. “4.

In re the Estate of Baker

146 Misc. 296 · New York Surrogate's Court · Jan 15, 1933

Certain rules have been established for guidance in the interpretation to be placed upon wills which are of doubtful meaning, or ambiguous or contain repugnant clauses. … In the first sentence of the paragraph testator gives, absolutely, all of his property to his wife and daughters, the gift to the wife being qualified by the provision “ as long as she remains my widow.”

Case of Freeman

1 Rep. Cont. El. 543 · Massachusetts House of Representatives · Jul 1, 1846

It was not then known to the selectmen, that any person had voted, who was not constitutionally qualified, and they clearly discharged their duty in withholding a certificate. … That John Jackson was not a citizen of the United States, is so clearly proved, that any comment is unnecessary.

L.B.D. Construction, Inc. v. Director, Div. of Taxation

8 N.J. Tax 338 · New Jersey Tax Court · Jul 21, 1986

The circumstances of plaintiffs case clearly fail to meet this test. … Since plaintiff has met the two requisites of “transfer” and “consideration” which qualify the transfer of title to the automobile as a “retail sale,” and since plaintiff has not overcome the presumption of validity that

In re the Judicial Settlement of Account of Proceedings of VanDerzee

7 Mills Surr. 400 · New York Surrogate's Court · Feb 15, 1910

VanDerzee, duly qualified as executor. On 'October 19, 1908, the petitioner duly filed his account of proceedings as such executor, and petitioned for the final settlement of such account. … Domestic Missions of the Reformed Church. *402 It also appears clearly to me- that the testatrix in her will (which is in her own handwriting) first made this bequest' $100,. and then changed it to $200 by writing the word

Floyd v. Fidelity Union Casualty Co.

39 S.W.2d 1091 · Texas Commission of Appeals · Jun 24, 1931

It is not clearly shown that the argument was calculated to prejudice the rights of the complaining party. We are cited to Kansas City, M. & O. Ry. Co. v. West (Tex. Civ. App.) 149 S. W. 206 ; Pecos & N. T. Ry. Co. v. … The trial judge must be held to have knowledge of the circumstances causing the bill, and that may render it harmless ana should qualify it accordingly.