Legal Opinion

Davis Construction Corp. v. County of Suffolk

New York Supreme Court

Decided January 8, 1982PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Eli Wager, J.

May the Suffolk County Legislature by local law delegate to the District Attorney jurisdiction and duties in excess of those prescribed in the County Law? These are the ultimate issues raised in this declaratory judgment action which the defendants (collectively the County) seek to dismiss or stay (by motion denominated a cross motion) on the ground that another action is pending between the parties, or, in the alternative, to dismiss for failure to state a cause of action or for failure to join necessary parties. In the alternative, the County seeks a…

2Cases cited60 opinions

  1. Spielman Motor Sales Co. v. DodgeSupreme Court of the United States · 1935
  2. James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
  3. Rockland Light and Power Co. v. City of New YorkNew York Court of Appeals · 1942
  4. Woollard v. Schaffer Stores Co.New York Court of Appeals · 1936
  5. Brinckerhoff v. . BostwickNew York Court of Appeals · 1885

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3Cited by15 opinions

  1. Ying Jing Gan v. City of New YorkCourt of Appeals for the Second Circuit · 1993
  2. Ying Jing Gan v. The City Of New YorkCourt of Appeals for the Second Circuit · 1993
  3. Baez v. HennessyCourt of Appeals for the Second Circuit · 1988
  4. In re District AttorneyNew York Court of Appeals · 1983
  5. Houghton v. CardoneDistrict Court, W.D. New York · 2003

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