Search for: "Burden v. Burden" Results 5381 - 5400 of 31,085
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29 Aug 2023, 5:00 am
  But on appeal, the Appellate Division, Second Department, had an entirely different take on he matter.While an insurer has the burden of showing that an exclusion applies, such language will be “strictly and narrowly construed,” and when an ambiguity or uncertainty exists, a court will typically find in the insured’s favor. [read post]
5 Mar 2024, 6:00 am by Public Employment Law Press
The Appellate Division sustained the Fund's determination, explaining the Petitioner "has not met her burden of establishing that the disability was causally connected to a line-of-duty accident".The court noted that the denial of Petitioner's application for ADR was the result of a tie vote. [read post]
25 Jun 2024, 4:15 am by Howard Friedman
Contending that the law violates the Free Exercise and Establishment Clauses, the complaint (full text) in Roake v. [read post]
20 Feb 2017, 3:18 pm by Marc Soss
When challenged, a former New York state resident will be forced to show by “clear and convincing evidence” that they intended to moving to Florida or another one of the sunshine states permanently and not just a rouse to avoid their former state of residences income tax burden. [read post]
13 May 2021, 4:00 am by Public Employment Law Press
Citing Matter of Che Lin Tsao v Kelly, 28 AD3d 320 and other decisions, the Appellate Division held that Supreme Court "properly concluded that [Plaintiff] failed to meet her burden of demonstrating, by competent proof, that a substantial issue of bad faith existed warranting a hearing. [read post]