Not exact matches
[123] If the exclusion clause is
held to be
valid and applicable, the Court may undertake a third enquiry, namely whether the Court should nevertheless refuse to enforce the
valid exclusion clause because of the existence of an overriding public policy,
proof of which lies on the party seeking to avoid enforcement of the clause, that outweighs the very strong public interest in the enforcement of contracts.
Playing uncivil, tactical, inappropriate, old - school, trial by ambush games like: threatening to require
proof of obviously
valid records,
holding back important documents until the last second, failing to fulfil undertakings until the eve of trial, delivering new expert's reports during the trial, saying untrue things to counsel opposite (whether knowingly or not), failing to prepare examinations in advance to «wing it» at trial, refusing to agree to the admissibility of relevant documents while requiring changes to be made to irrelevant ones, refusing to share costs of joint expenses, refusing to cooperate on court ordered process matters, are all wrongful.
Your driving privileges will be on
hold for an indefinite period of time or until you can come to court with
valid proof of insurance, whether it is a newly - purchased auto insurance policy in Nebraska or by
proof that an SR - 22 is filed by your insurance company.
But the medical concern should be serious enough as certified by the physician or
valid reasons that
hold proof that the patient needs your immediate attention or care.
For example, if you can not show
proof of insurance (even if you
hold a
valid policy), you're subject to a $ 30 civil fine.
Essentially, an International Driving Permit (IDP) is
proof that you
hold a
valid driver's license in your own country.
However, professional publications in the job field are
valid proof of expertise, and that is why it helped me get the position, despite the «non-matching» job title I
held.
128 DOS 93 Matter of DOS v. Vuksanaj - motion to conform pleadings to
proof granted where (i) additional evidence wouldn't have been presented if the charge had been stated in the complaint and (ii) issue was actually litigated and was within the «broad framework of the pleadings»; broker's authorization to execute lease on behalf of landlord must be in writing to be
valid (G.O.L. § 5 - 703); no commission earned on void lease (due to lack of written authority for broker to sign for landlord); broker is undisclosed «double agent» - thus «fails to make clear» for which party he is acting (NYCRR 175.7); broker is not «managing agent» under NYC Rent Stabilization Code unless (i) broker has ownership or financial interest in property or (ii) performs managerial duties; separate escrow account (§ 175.1) not required when broker is not
holding escrowed funds;
holding funds overnight does not trigger requirement for escrow account (returned next day upon demand); unlicensed name used in commission agreement but lack of intent to mislead considered in mitigation; restitution of unearned commission