Legal Opinion
Ortelere v. Teachers' Retirement Board
New York Court of Appeals
Decided July 2, 1969PublishedCited by 79 opinions
1Opinion of the CourtBreitel, J.
This appeal involves the revocability of an election of benefits under a public employees’ retirement system and suggests the need for a renewed examination of the kinds of mental incompetency which may render voidable the exercise of contractual rights. The particular issue arises on the evidently unwise and foolhardy selection of benefits by a 60-year-old teacher, on leave for mental illness and suffering from cerebral arteriosclerosis, after service as a public schoolteacher and participation in a public retirement system for over 40 years. The teacher died a little less than two months…
2Cases cited10 opinions
- Durham v. United StatesCourt of Appeals for the D.C. Circuit · 1954
- Blinn v. . SchwarzNew York Court of Appeals · 1904
- Aldrich v. . BaileyNew York Court of Appeals · 1892
- Verstandig v. SchlafferNew York Court of Appeals · 1946
- Faber v. Sweet Style Manufacturing Corp.New York Supreme Court · 1963
5 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Feiden v. FeidenAppellate Division of the Supreme Court of the State of New York · 1989
- Bankers Trust Co. v. MartinAppellate Division of the Supreme Court of the State of New York · 1976
- Call v. Ellenville National BankAppellate Division of the Supreme Court of the State of New York · 2004
- Smith v. ComasAppellate Division of the Supreme Court of the State of New York · 1991
- Blatt v. Manhattan Medical Group, P. C.Appellate Division of the Supreme Court of the State of New York · 1987
74 more not listed; retrieve them via the Exa API.