Sentences with phrase «issues of fact as»

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

Dissent argues such promise raise triable issues of fact as to the existence of an oral agreement.

Whether these aspects of reasonable foreseeability are considered issues of law or issues of fact as to which, on this record, no reasonable jury could disagree, foreseeability of both communication to school authorities, including the teacher, and the risk of substantial disruption is not only reasonable, but clear.

2008)-- Denial of manufacturer defendant's motion for summary judgment in cases arising from explosion at facility in Groton, Connecticut on grounds that there existed genuine issues of fact as to product liability and recklessness counts of case against manufacturer based on its claimed failure to account for and disclose relevant safety and storage information of risks involved in the transport and storage of chemical reagent at ambient temperatures.

The court found that there was a «triable issue of fact as to whether there is physical harm associated with being forced to receive a shot.»

The state Supreme Court vacated the judgment of the superior court, holding that the plaintiff's expert's affidavit, combined with the documents that were available to the hearing justice, raised a material issue of fact as to whether Arden Engineering was responsible for Limoges's injury.

The state supreme court reversed, ruling that the plaintiff had raised a genuine issue of fact as to whether the highway was unsafe, and her claim should have been heard by a jury.

In Benson v. Northwest Airlines, Inc., the Eighth Circuit reversed summary judgment as it found the plaintiff (1) made a prima facie case that he was able to perform the essential functions of his position, and (2) created a genuine issue of fact as to whether the airline had an existing vacant position which he could have filled.

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.

Hill Realty Services v. Cummings (244 A.D. 2d 525)-- owner's cross-motion for summary judgment granted and affirmed where broker produced two purchasers for owner's property but there was never a meeting of the minds as to several material terms of the sale; broker failed to proffer evidence raising a triable issue of fact as to allegations of seller's bad faith.

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.

Not exact matches

Netanyahu, for his part, has denied the accusation, saying the issue of Hamas's subterranean attack infrastructure was in fact presented as a strategic threat to the cabinet.

It's usually a knee - jerk reaction to some uncomfortable modern issue or in defense of one of the many historical myths children in the mainland are taught as unshakeable facts about the world.

As well as the issues surrounding proper removal of trespassers, landowners should also be aware that they in fact have a duty of care towards trespasserAs well as the issues surrounding proper removal of trespassers, landowners should also be aware that they in fact have a duty of care towards trespasseras the issues surrounding proper removal of trespassers, landowners should also be aware that they in fact have a duty of care towards trespassers.

The fact that Dzhokhar Tsarnaev is young, and in the same age group as many of our readers, makes it all the more important for us to examine the complexities of this issue and gain a more complete understanding of how a tragedy like this happens.

But people took issue with the fact that the game's developers tipped the scales in favor of people willing to spend more money, known among gaming fans as «pay to win.»

Despite the fact that Trump was widely viewed as having lost the recent debate with Democratic candidate Hillary Clinton, and that the election itself is just over a month away, the candidate chose to tweet not about the political issues in the campaign but about his dislike of former Miss Universe contestant Alicia Machado.

It seems like a trivial distinction between plans that are so similar (and similar as well to the proposals put forward by Sen. John Edwards and New Mexico Governor Bill Richardson) that without the obligatory «Paid for by» ¦» at the bottom of the fact sheet you'd be hard - pressed to say which campaign issued which proposal.

The fact of the matter is that boards, as self - policing bodies, may be incapable of solving the renewal issue on their own because of entrenchment and self - interest.

Visually, the signs at issue display a high degree of similarity owing to the fact that IPAD is entirely reproduced in MI PAD, that the two signs coincide as to the letter sequence «ipad» and that they differ only as to the presence of the additional letter «m» at the beginning of MI PAD.

The report itself makes no such claim and, in fact, its marginal - cost approach to parenting (that excludes fixed costs such as housing) reinforces its own stated neutrality on the issue of the decision to have, or not to have, children.

As a result we felt it was useful to document some of the facts and issues around HFT in foreign exchange.

The outlook for the State is grim as their constitution prohibits a number of already attempted fixes to some of their largest issues, i.e. pensions, in addition to the fact that the State is prohibited from filing for bankruptcy.

My greatest issue with Google Adwords is the fact that there is so much competition in my field as a Wedding photographer that some of my competitors were clicking on my ad over and over until I had used up my day's budget.

With many categories of institutional investors thus eliminated as potential activists, we are left mainly with union and state and local pension funds, which in fact generally have been the most active institutions with respect to corporate governance issues.

When you regulate in response to incumbents, as opposed to in response to user needs, you have all sorts of issues, like, Are you, in fact, just reinforcing the position of incumbents to the exclusion of competitors?

Given the absence of a public trading market of our common stock, and in accordance with the American Institute of Certified Public Accountants Accounting and Valuation Guide, Valuation of Privately - Held Company Equity Securities Issued as Compensation, our board of directors exercised reasonable judgment and considered numerous and subjective factors to determine the best estimate of fair value of our common stock, including independent third - party valuations of our common stock; the prices at which we sold shares of our convertible preferred stock to outside investors in arms - length transactions; the rights, preferences, and privileges of our convertible preferred stock relative to those of our common stock; our operating results, financial position, and capital resources; current business conditions and projections; the lack of marketability of our common stock; the hiring of key personnel and the experience of our management; the introduction of new products; our stage of development and material risks related to our business; the fact that the option grants involve illiquid securities in a private company; the likelihood of achieving a liquidity event, such as an initial public offering or a sale of our company given the prevailing market conditions and the nature and history of our business; industry trends and competitive environment; trends in consumer spending, including consumer confidence; and overall economic indicators, including gross domestic product, employment, inflation and interest rates, and the general economic outlook.

In their responses, the panel of Ciphrex CEO and Bitcoin Core contributor Eric Lombrozo, Blockstream CEO Adam Back, JoinMarket developer Adam Gibson, applied cryptography consultant and sometimes Bitcoin Core contributor Peter Todd, SatoshiLabs CTO Pavol Rusnak, and Libbitcoin lead maintainer Eric Voskuil discussed the issues with the recent phenomenon of spinoff coins, a lack of understanding as to why Bitcoin is useful, and the fact that some of them sleep better today than they did in the early days of this new technology.

The movement started with the Kin foundation announcing they were adding Stellar as a second platform, a fact that, on many levels let it clear that the Stellar network is simply a better blockchain; and this is not surprising at all, Ethereum appears to be dealing with lots of issues from long ago now — and what's worse, the solutions haven't been determined yet.

By Matt Moran SEPT. 21, 2016 — Wilshire Associates recently was ranked as one of the world's ten largest investment consultants, due to the fact that it had more than $ 1 trillion in worldwide institutional assets under advisement, according to the survey published in the Nov. 30, 2015 issue of Pensions & Investments.

Explosive demand for Compagnie des Indes shares caused the total amount of «paper» money bank notes in circulation to increase 186 % in one year due to the fact that Banque Générale issued as much bank notes as the public demanded.

As the general public, entrepreneurs, regulators, small businesses, educators, students and industry groups become more aware of the facts about crowdfunding and the impact that it can have at the grassroots level for every small business on every street corner to the highest levels of government and regulation, a groundswell of interest has emerged sparking dialogue and events bringing crowdfunding education, awareness and issues into the spotlight.

In fact, according to research in the latest issue of the Journal of Financial Planning, some people see their older selves as entirely different people.

The fact is that the issues you speak of are not because the people are members of the LDS church but in fact this is what happens in any society of humans living as close together as we do in large cities.

I wouldn't be surprised to learn that many of those who do in fact leave the Church over issues related to sexuality do so because they've been told over and over again that their value as a Christian, and as a human being, is wrapped up in their virginity, so they no longer feel welcomed or worthy.

(In fact, one of my major objections to these boys calling their critics «mentally ill» is that it demonizes those who truly have a mental illness by dismissing them as «batshit» instead of seeing them as having an issue that like say diabetes that can be controlled with proper treatment.)

WHEREAS, this situation has also weakened the authority of legitimate governments and enabled criminal groups to issue edicts attributed to Islam, but which, in fact, alarmingly distort its fundamental principles and goals in ways that have seriously harmed the population as a whole;

While economics as a descriptive study is not concerned with moral issues, the facts of economic life inescapably point to the moral element in human nature.

In his encyclical Divini Illius Magistri, issued in 1939, Pope Pius XI deplored the fact that «these most powerful means of publicity, which can be of great utility for instruction and education when directed by sound principles, are only too often used as an incentive to evil passions and greed for gain.»

In fact, in some cases, a person who has great power and authority has a need to be punished or dominated, as well as having issues of control or subjugation / degradation of the other.

As long as we focus on these non issues, we won't notice the fact that both parties are all for indefinite detentions of citizens and war with Iran and SyriAs long as we focus on these non issues, we won't notice the fact that both parties are all for indefinite detentions of citizens and war with Iran and Syrias we focus on these non issues, we won't notice the fact that both parties are all for indefinite detentions of citizens and war with Iran and Syria.

But the fact is that the media coverage of the declaration Dominus Iesus (The Lord Jesus), issued by the Congregation for the Doctrine of the Faith (CDF) in September, was almost uniformly negative, as was the reaction of the several communities engaged in ecumenical dialogue with the Catholic Church.

In fact, the radical consequences for domestic issues of this growing black international consciousness — usually dubbed anti-Americanism by the vulgar right — frightens the new black conservatives, who find themselves viewed in many black communities as mere apologists for pernicious U.S. foreign policies.

Since there's too much chaos and uneducated rhetoric as well as piles a assumptions bordering on lying, I personally can only assume the author truly has no intellectual understanding of the issue or issues surrounding gun control and has resorted to expressing a disconnected opinion without facts.

This is the issue, my friend: Prior to the internet, our pastors could tell us whatever they wanted and most of us simply accepted as fact what they said.

@transframer — With all due respect, you didn't really address the issues raised regarding: 1) actual # of extant vertebrate species; 2) the fact that land inverts «breath air» and would have drowned if not accounted for on the ark; 3) that the dino genera identified in the wiki link far exceeds 50; 4) the need to account for extinct land vertebrates in addition to those still around; 5) that many marine fish would have died as their habitat's salinity dropped; 6) that your % allotments for food / water don't reflect the fact that many forms require fresh meat and / or eat disproportionately to their sizes; 7) the specific dietary / environmental constraints involved in the migration to the Ark and the return trips from Mt. Ararat.

Yahweh in hebrew means my Lord and is a common reference meaning supreme God.In the bible satan is referred specifically as the adversary in hebrew or slanderer in greek its quite clear there is no confusion.Satan is not in the same league as God he is sovereign in fact God has satan on a leash and limits his control particularly over his people as we read in Job.Christians need to realise that satan can influence us if we walk according to the flesh.In the case of David calling a cencus meant he gave in to his pride he wanted to know how many soldiers he had believing numbers would give him the upper hand and so Satan took advantage of his weakness and Davids choice displeased God.David of all people should have known as he as a young man had defeated goliath a mighty warrior and it was because of his faith and trust in God that he overcame.But it wasnt God that made David make that decision it was his own and satan tempted him and he gave in to that desire In the two verses there is no confusion if you understand how God and satan operate i did at one stage have the same issue with Jesus sending the demons into the pigs why would he help satan or at least it appeared that way?

The philosophy of absolute idealism, so vigorously represented both in Scotland and America to - day, has to struggle with this difficulty quite as much as scholastic theism struggled in its time; and although it would be premature to say that there is no speculative issue whatever from the puzzle, it is perfectly fair to say that there is no clear or easy - issue, and that the only obvious escape from paradox here is to cut loose from the monistic assumption altogether, and to allow the world to have existed from its origin in pluralistic form, as an aggregate or collection of higher and lower things and principles, rather than an absolutely unitary fact.

It's a simple issue of categorization — it's a question of FACT: Can the Pope's policy administrations be categorized as Marxist or not?

Since then, for a number of reasons (air and water pollution, health concerns ignored and in fact unknown by scientific medicine, ecological issues), this questioning of the omnicompetence of the scientific method to uncover the truth, and of the creative value of technological «progress,» has deepened and spread and now penetrates much further into the culture as a whole.