Sentences with phrase «issue of fact sufficient»

The allegation of plaintiff that her attorney was chosen and paid for by defendant does not by itself raise a triable issue of fact sufficient to sustain her claim of duress.

The Court further found that Plaintiffs had not raised an issue of fact sufficient to defeat summary judgment noting, among other things, that there was no evidence demonstrating that the gas leak was ever reported to Con Edison or that Con Edison could have detected the leak during the times that it had been in the apartment building to attend to other issues.

Not exact matches

In a similar fashion, there are sufficient facts at issue in the question of RWA's ability to restrain trade to make this a rule of reason case, not per se illegality.

The law societies do not give sufficient importance to the interactions among: (1) the problem and its consequences — the thousands of people whose lives have been damaged for lack of affordable legal services provided by competent lawyers; (2) the power of the internet, the social media, and the news media together, to make those consequences into a public and political issue so quickly that there will not be time for the law societies to publish a persuasive response, and which issue will compel government intervention by way of programs on the way to socialized law; (3) the fact that self - regulation of the legal profession has been lost by the law societies in several jurisdictions of the common law world and the U.S; [7] and, (4) the fact that the consequences of the unavailability of legal services at reasonable cost will motivate the many non-lawyer legal service providers to offer legal services that should be provided by lawyers, to people desperate for a lawyer's services that they can not afford.

The record contains sufficient evidence of a dangerous condition to create genuine issues as to material facts regarding both whether a dangerous condition existed and whether Wal - Mart had constructive notice of the dangerous condition.

The court clarified that committees could not decide disputed issues of fact, and that a «prima facie» case as to what happened meant a case for allegations which, if believed, would be sufficient to justify a verdict, in the absence of an answer from the registrant.

The Court stated, the «issue of proximate causation is usually a question for the trier of fact that can not be determined on summary judgment» and found that the plaintiffs had provided sufficient evidence of product identification, regular and frequent use, and proximate exposure to asbestos.

In fact the real issue at stake was whether it was necessary to prove in each case that the proven wrongful exposure to asbestos was sufficient to have «doubled the risk» of contracting the disease in order to prove that the wrongful exposure to asbestos had made a material contribution to the onset of the disease.

76 As regards the legislation at issue in the main proceedings, it is clear from the explanation provided by the Austrian Government at the hearing that, although the amount of the compensatory supplement depends on the financial situation of the person concerned as measured against the reference amount fixed for granting that supplement, the mere fact that a national of another Member State who is not economically active has applied for that benefit is sufficient to preclude that national from receiving it, regardless of the duration of residence, the amount of the benefit and the period for which it is available, that is to say, regardless of the burden which that benefit places on the host Member State's social assistance system as a whole.

Alice Woolley has already considered this question elsewhere and has pointed out that the fact that the Canadian legal profession is provincially regulated gives rise to serious cost and practical issues: a number of provinces and territories simply do not seem to have sufficient lawyer populations to justify putting an entirely new regulatory body into place to operate alongside the courts and the law societies.

The court held that as stated by the Supreme Court in Guarantee Co. of North America v. Gordon Capital Corp., [1999] 3 S.C.R. 423, at para. 31: «[A] self - serving affidavit is not sufficient in itself to create a triable issue in the absence of detailed facts and supporting evidence».

This difficulty is compounded by the fact that traditional laws and customs are transmitted orally from generation to generation, so evidence of these may be restricted or inadmissible under the hearsay rule.137 This is an issue that has been identified by the Australian Law Reform Commission in its Review of the Uniform Evidence Act 1995.138 The Commission proposes that the uniform Evidence Acts should be amended to provide an exception to the hearsay and opinion evidence rules for evidence relevant to Aboriginal or Torres Strait Islander traditional laws and customs.139 The Commission also observed that there are strong arguments that the NTA should be amended as the relevant provision does not provide sufficient guidance on or certainty on the admissibility of evidence in native title proceedings.140 However, legislative amendment to the NTA falls outside the terms of reference of this review.

Schuckman Realty, Inc. v. Cosentino (294 A.D. 2d 484)-- broker fails to establish tortious interference with contract where defendant submitted sufficient proof by affidavit of its director of real estate which averred that it did not intentionally seek the procurement of the breach of contract and where broker failed to present sufficient evidence to raise triable issues of fact

City One Real Estate, LLC v. 535 Carlton Avenue Realty Corp. (300 A.D. 2d 337)-- broker established its entitlement to judgment as a matter of law on two separate contracts by submitting a copy of the leases between landlord and its tenant wherein landlord promised to pay broker $ 50,000 for its brokerage services; landlord and tenant failed to come forward with evidence sufficient to raise a triable issue of fact as to their claim that they collectively owed the broker only one $ 50,000 commission for services in connection with leasing the two premises.