Legal Opinion

Turner v. Lawley

New York Court of Appeals

Decided October 28, 1969PublishedCited by 5 opinions

1Opinion of the Court

*965Memorandum. Notwithstanding our decision in Matter of Gaines v. Board of Election (25 N Y 2d 807), we adhere to the long-established substantial compliance rule announced in Matter of Simpson v. Cohen (275 N. Y. 642) and reaffirmed in Matter of De Luca v. McNab (16 N Y 2d 835). (See, also, Matter of Rosen v. McNab, 25 N Y 2d 798.) To whatever extent our decision in Gaines is inconsistent with the result herein, it is hereby overruled.

Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson concur.

Order reversed, without costs, and the order of Special Term reinstated in…

2Cases cited1 opinion

  1. Matter of Simpson v. CohenNew York Court of Appeals · 1937

3Cited by5 opinions

  1. Denn v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1976
  2. Sheehan v. ScaringeNew York Supreme Court · 1983
  3. Talbot v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1976
  4. Braxton v. MahoneyAppellate Division of the Supreme Court of the State of New York · 1984
  5. Higby v. MahoneyNew York Court of Appeals · 1979

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