Search for: "Soling v. New York State"
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3 Apr 2019, 6:59 am
Further, the court stated, as the sole members and officers of ATBCOIN, they stood to directly benefit from sales of ATB Coin. [read post]
26 Mar 2019, 5:46 pm
See United States v. [read post]
15 Mar 2019, 4:00 am
"As to considering hearsay evidence in an administrative hearing, the Appellate Division said that "hearsay is admissible as competent evidence in an administrative proceeding, and if sufficiently relevant and probative may constitute substantial evidence even if contradicted by live testimony on credibility grounds" [see Matter of Watson v New York State Justice Ctr. for the Protection of People with Special Needs, 152 AD3d 1025]. [read post]
15 Mar 2019, 4:00 am
"As to considering hearsay evidence in an administrative hearing, the Appellate Division said that "hearsay is admissible as competent evidence in an administrative proceeding, and if sufficiently relevant and probative may constitute substantial evidence even if contradicted by live testimony on credibility grounds" [see Matter of Watson v New York State Justice Ctr. for the Protection of People with Special Needs, 152 AD3d 1025]. [read post]
13 Mar 2019, 6:16 am
If the heir decides to hold on to the property and sell in the future, any capital gain would be measured against the heir’s new stepped-up basis, and the gain would be taxed at the heir’s applicable capital gains tax rate. [read post]
12 Mar 2019, 4:00 am
”*** Although New York State has waived sovereign immunity as a defense on behalf of itself and its municipal subdivisions, the common-law doctrine of governmental immunity continues to shield public entities from liability for discretionary actions taken during the performance of governmental functions. [read post]
12 Mar 2019, 4:00 am
”*** Although New York State has waived sovereign immunity as a defense on behalf of itself and its municipal subdivisions, the common-law doctrine of governmental immunity continues to shield public entities from liability for discretionary actions taken during the performance of governmental functions. [read post]
11 Mar 2019, 10:15 am
For example, a New York plaintiff files suit against two New Jersey defendants, a Delaware defendant, a Pennsylvania defendant, and a Louisiana defendant in New Jersey state court. [read post]
11 Mar 2019, 4:38 am
Marks Paneth LLP v Economic Alchemy LLC 2019 NY Slip Op 30532(U) February 26, 2019 Supreme Court, New York County Docket Number: 60427/2017 Judge: Lucy Billings is determined on sufficiency of pleading grounds. [read post]
10 Mar 2019, 11:51 am
West Virginia: Court Sustains Jury’s Valuation Award Excluding Marketability and Minority Discounts Under Stock Redemption Agreement’s Fair Market Value Standard Tri-State Petroleum Corp. v Coyne, 814 S.E.2d 205 [Sup. [read post]
8 Mar 2019, 10:46 am
Because “New York Times v. [read post]
23 Feb 2019, 3:51 pm
In that solo opinion, Thomas argued that the Court should abandon New York Times v. [read post]
23 Feb 2019, 12:35 pm
This paper presents a survey of federal and state court decisions on these two questions, hoping to offer some guidance to practitioners. [read post]
20 Feb 2019, 10:32 am
New York,3 that the Supreme Court matter-of-factly held that the Takings Clause of the Fifth Amendment was “of course” applicable to the states.4 To justify incorporation, Penn Central cited only one 19th century case, which itself did not mention the Fifth Amendment.5 Before Penn Central, the Court relied on the Due Process Clause to restrict the scope of state taking power. [read post]
17 Feb 2019, 6:24 pm
" You learn something new every day.Robert Brauneis and Anke Moerland's recent article argues that it would not be good policy to allow the company that distributes siggi's ® yogurt to trademark the name SKYR for yogurt in the United States, even though most people in the United States do not currently know what the word "skyr" means. [read post]
14 Feb 2019, 4:50 am
The article commences with a short description of the New York Convention and Article V(1)(e) NYC. [read post]
12 Feb 2019, 8:40 am
New York specifically chose to change the common-law rule that accrued causes of action do not transfer unless expressly provided by the parties. [read post]
8 Feb 2019, 6:23 am
Now, in Gilberg v. [read post]
4 Feb 2019, 4:48 am
“The underlying action herein concerns a building (the building) which is owned by the plaintiff Manhattan Place Condominium (the condominium), and located at 630 First Avenue in the County, City and State of New York. [read post]
4 Feb 2019, 3:18 am
As I noted in a post a couple of years ago describing a Tennessee case in which the court found that the petitioner seeking dissolution of a Delaware LLC had “manufactured” the alleged impasse between 50/50 members, I’ve patiently been awaiting another species jump to dissolution proceedings under Section 702 of New York’s LLC Law. [read post]
