Sentences with phrase «existed as to whether»

Thus, the court found that an issue of fact existed as to whether Sawinski could perform the essential elements of his job even though he missed some work.

The appellants contended that the motion judge erred in failing to find that a genuine issue requiring a trial existed as to whether 111 had made a valid equitable assignment to Nadeau of an October 19, 2011 promissory note executed by Caparelli and another in favour of 111 (the «Note») and guaranteed by 229.

From this state of the proceedings it was apparent at the commencement of this appeal that a serious issue existed as to whether the appeal was moot.

The challenge of overcoming educational inequality in the United States can sometimes appear overwhelming, and great controversy exists as to whether or not elementary schools are up to the task.

However, little hard evidence exists as to whether these claims can be substantiated, under what conditions AAT is most effective, and how, if proven useful, it may best be incorporated into treatment.

«While these increases are most likely due to Earth's changing climate, uncertainty exists as to whether they are the product of human - induced greenhouse warming or represent variations related to natural multi-decadal climate cycles,» Ruggiero's study said.

Controversy exists as to whether to use a universal approach, designed to work with all families in a defined geographic area, versus a program focused on populations most at risk of poor outcomes.

Fried v. David Berry Realty (17 A.D. 3d 405) brokerage agreement entitled broker to a commission when there is a meeting of the minds and a tenant was procured who was ready willing and able to lease upon the owner's terms; lease procured directly by owner conditioned lease upon obtaining operating certificates from the New York State Department of Health and the New York State Office of Mental Health; there was nothing in the record to indicate that approval by NYSOMH, which was denied, was a «term» imposed by owners and therefore triable issues of fact exist as to whether the broker's commission was earned.

Worldnet Real Estate, Inc. v. Suchow (19 A.D. 3d 982) broker's motion for summary judgment denied; issues of fact exist as to whether broker complied with his obligation under the listing agreement where the broker showed the property to a prospective buyer who thereafter informed the seller that they would not work with the broker and the seller thereafter terminated the listing agreement «for cause».

Question of fact exists as to whether purchaser was «ready, willing and able,» which precludes summary judgment for broker.

Hammer v. Griffin (19 A.D. 3d 450) broker's motion for summary judgment denied; triable issue of fact exists as to whether broker had a contract with the defendant for the payment of a commission.

Agawam Realty v. Haggerty (223 A.D. 2d 518)- summary judgment for broker's commission reversed; material issues of fact exist as to whether broker procured a buyer who was ready, willing and able to purchase; seller accepts second offer after initial buyer failed to sign contract and tender deposit within 8 days of receipt of contract which was based on terms of offer made by buyer in Purchase Memorandum; issue of fact as to whether buyer was willing to purchase as measured by whether buyer was provided reasonable time to sign contract and tender deposit; dissent finds broker earned commission prior to seller's determination buyer was unwilling to purchase.

Goldsmith Murphy, Inc. v. New York City Economic Development Corp. (236 A.D. 2d 339)- summary judgment motion to dismiss broker's complaint denied; issue of fact exists as to whether broker was procuring cause of tenancy.

Mavco Realty Corp. v M. Slayton Real Estate, Inc. (12 A.D. 3d 575)- triable issues of fact exist as to whether or not corporate broker was licensed at the time the services which formed the consideration for the claimed commission were rendered; a broker who is unlicensed when services were rendered can not recover commissions; triable issues of fact exist as to whether two individual defendants were licensed brokers at the time services were rendered

New Spectrum Realty Services, Inc. v. Weiser (273 A.D. 2d 172)- summary judgment for broker reversed; contract offered by proposed purchaser contained several terms which deviated from owner's offer of sale; issues of fact exist as to whether or not owner's unilateral efforts defeated the sale

Cappuccilli v. Krupp Equity Limited Partnership (269 A.D. 2d 822)- broker's complaint reinstated where questions of fact exist as to whether or not broker was the procuring cause of the transaction; broker was precluded from the negotiations by the parties after broker had advised seller that it was acting as a co-broker for the sale of the seller's property and provided the seller with a letter of intent from the ultimate purchaser, all of which occurred after seller advised broker that it was interested in selling its property

Harvard Associates, Ltd. v. Hayt, Hayt & Landau (238 A.D. 2d 378)- summary judgment to dismiss broker's claim for breach of contract denied where issue of fact exists as to whether or not broker was the procuring cause of re-negotiated lease; contract provision obligates the party to protect and preserve the broker's right to recover any earned commission from the owner.

Joseph P. Day Realty Corp. v. Chera (308 A.D. 2d 148)- broker's complaint for commissions reinstated where questions of fact exist as to whether broker was the procuring cause of a commercial tenant and if there was an implied contract which arose from landlord's acceptance of the benefits of broker's services; broker must plead and prove a contract of employment, express or implied, and in the absence of an express contract, an implied contract may be established in some cases by the mere acceptance of the labors of the broker; broker failed to establish that it was a third party beneficiary of lease agreement between landlord and tenant where provisions in lease merely provided for indemnification between the parties and did not expressly set forth that one party would be obligated to pay the broker's commission; indemnification provisions in the lease agreement do provide evidence of implied contract of employment with landlord where landlord agreed to indemnify tenant against brokerage commission claims from all brokers including plaintiff and where, to the contrary, tenant's reciprocal indemnification excluded plaintiff; triable issues of fact exist as to whether broker was the procuring cause where broker introduced the parties, showed the space to tenant's representatives, was involved in weekly negotiations with the parties over the lease terms, conveyed offers on behalf of tenant to landlord and participated in the meeting with the landlord and tenant at which the lease terms were finalized

Breslin Realty Development Corp. v. Luk - Shop, LLC (304 A.D. 2d 698)-- questions of fact exist as to whether defendants affirmatively assumed the obligation to pay the broker's commission; defendant's motion for summary judgment dismissing the complaint denied.

Co. (295 A.D. 2d 554)-- issues of fact exist as to whether broker was the procuring cause of lease where broker not only introduced tenant to the property and gave tenant a tour of the property but, at the request of tenant, also provided proprietary lease information; there are also issues of fact as to whether tenant and broker had an implied contract; Supreme Court's order denying defendant's motion for summary judgment dismissing broker's cause of action seeking to recover damages in quantum meruit affirmed

Current § 1026.18 (s) requires creditors to disclose whether mortgage insurance is included in monthly escrow payments, but industry uncertainty exists as to whether it is permissible to identify such guarantees as mortgage insurance on the disclosure required by § 1026.18 (s).

Not exact matches

But his question is whether Theranos could have really developed a way to run as many tests as it offers (more than 240 so far) on the large scale needed at hospitals and in major labs without relying on already existing machines to automate processing.

«As a first step we're taking advantage of our existing identity and payment technologies to help people subscribe on a publication's website with a single click, and then seamlessly access that content anywhere — whether it's on that publisher site or mobile app, or on Google Newsstand, Google Search or Google News,» Gingras said.

«But, fundamentally, we wonder whether a payment method designed to function where trust in institutions is completely absent can ever be as convenient as one where trust is required, but also already exists.»

That has meant complementing just - in - time production with carrying more inventory and locating auxiliary production closer to home — whether in North America or «near - shoring» (as opposed to offshoring) in places like Brazil, Argentina, Mexico or Chile (the latter two being attractive to Canadian firms thanks to existing free trade agreements).

The DOL's former head of wage enforcement, David Weil, recently suggested that weighing whether gig economy workers should be classified as employees or independent contractors is not so different than making the same determination for workers at brick - and - mortar businesses.84 Existing legal tests to determine whether a worker is an employee or an independent contractor are multifactor, fact - based exercises based on the level of control a company exerts over the workers in question.

In addition, each share of our Class B common stock will convert automatically into one share of our Class A common stock upon any transfer, whether or not for value, except for transfers to existing holders of Class B common stock and certain other transfers described in our amended and restated certificate of incorporation, or upon the affirmative vote of a majority of the voting power of the outstanding shares of our Class B common stock, voting separately as a class.

Whether you want to start a new independent business or purchase an existing one, the below calculators can help you run scenarios to estimate the business's ability to make a profit, as well as forecast growth.

So the company is weighing whether to launch a new financing round that would be mostly intended to allow for some existing investors to cash out as part of a «secondary» transaction, according to people with knowledge of the company's thinking.

Even within my dividend portfolio, I combine DCA (with automatic DRIP), and market timing strategies (by using PE as a valuation measure in deciding whether to add to existing positions or buy into new ones).

But as financial firms ponder whether to move or expand an existing subsidiary outside the U.K., as TD Securities intends to do, non-financial companies say this chaos presents an opportunity since they may be able to capitalize on other global companies scrambling to shift their resources and people out of the U.K. or take advantage of other dynamics at play.

As many debate whether the euro will exist in its current form in the future, one thing is clear: The Swiss National Bank is doing everything in its power to keep the peg.

just depends on the person as to whether he exists or not?

@fimilleur from time to time mankind experiences the presence of God, there have been and continue to be events that testify to the presence of Him.The multiple gods you continually point to have an unique difference from the God who first revealed His presence to ancient men i.e. the Hebrews.The particular gods you mention roman etc. are all man made and in many instances men themselves i.e. hercules, but even the ancient greeks realized the limitations of their understanding and included an «unknown» God in their worship structure.many cultures did likewise, having a glimpse of God but not the fullness of understanding that was given to the Jews.Whether or not «we» believe, does not alter the fact that God exists as an unique being, whether or not «we» acknowledge Him «we» will stand before Him.You do not choose to understand, but we are actually standing in His presence right now as He is much bigger than the doctrines and knowledge man ascribes to Him those things you find so questionable are the misconceptions and misrepresentations of God made by men throughout history.

But still, if a rich and high - powered conservative donor came to ask my advice, whether they should try to start a new college, or whether they should try the easier and apparently more civic - spirited task of helping to reform existing ones (by aiding things like existing APT programs, such as the one that employs me), I think I am obliged to advise the former.

It's probably important to consider whether we are talking about actions or alleged laws that exist or not and in either case, is it related to the divine outside of us or are we talking about our own actions as related to alleged external divine laws.

This is the only possible way for us to exist as a religious group among other religious groups, whether Muslim, Buddhist, Jewish, or whatever, and for them to exist among us.

Just as astronomers must use deductive reasoning to determine whether something exist, so likewise must anyone regarding whether God exists.

Closely related is the question as to whether AA will continue to exist, or will meet the fate of movements such as the Washingtonians, the first organized attempt by alcoholics to help alcoholics on a large scale.

Ethically, we are in an age in which there is grave doubt among theologians, philosophers, jurists and social scientists as to whether any universal principles exist which can be reliably known and used by the international community to define torture or terrorism as fundamentally wrong.

Hence we wish finally to confront the most typical terminology of Jesus» message with the most typical formulations of the kerygma, to investigate what underlying unity of meaning may exist, and then to inquire as to whether this meaning ever came to be expressed in a union of the two terminologies.

God addresses to the Church the question whether it has the courage to undertake an apostolic offensive into such a future and consequently the necessary courage to show itself to the world sincerely, in such a form that no one can have the impression that the Church only exists as a mere survival from earlier times because it has not yet had time to die.

Well I'm still on the fence as to whether or not free will actually exists or it is just an alusion.

God could make himself as obvious as gravity (since he made gravity as obvious as he made gravity), but he doesn't, and so there's no way to determine whether or not god exist and we continue to debate him without any solid proof or meaningful evidence (like we see in biology and chemistry and such).

Cosmology is beginning to understand this as the next Big Question is whether the dimensions of our universe are all the dimensions that exist; or are there separate and unique dimensions outside the universe; or are the dimensions of the universe a subset of the dimensions that exist outside the universe; or are some of the dimensions of our universe unique and some pre-existant?

Philosophy does not exist, however, without the readiness of the philosophizing man to make decisions, on the basis of known truth, as to whether a thought is right or wrong, an action good or bad.

The analyst - patient relationship may, in fact, be an I - Thou relationship similar to that between the teacher and the pupil, and it is probable that in practice the success of any analytic cure is due quite as much to whether or not such a relationship exists as to the technical competence of the doctor.

Recently, while chatting with an old friend who happens to be a professor of New Testament and biblical Studies at a prominent Christian university, I asked him what he thought of the concept of «Christian Privilege» and whether or not he felt as if it existed in practicality.

However, whether I exist tomorrow with a broken leg is much more specific and concrete and not at all essential to my existing as a human king.

There is little debate as to whether Jesus the man existed.