Legal Opinion · Concurrence

Barker v. Kallash

New York Court of Appeals

Decided July 5, 1984Published

1ConcurrenceJasen, J.

While I agree with the result reached by the majority, I write to express my view of the basis and the boundaries of the rule to be applied in this case.

To permit an action for injuries sustained as a consequence of the plaintiff’s own grievous criminal conduct — the construction of a “pipe bomb” — would contravene fundamental public policy of this State. It is a basic principle recognized by the courts throughout this country that no person shall be permitted to take advantage of his own *30wrongdoing by predicating a legal or equitable claim upon his fraudulent, immoral or illegal conduct. (1…

2Cases cited17 opinions

  1. Olmstead v. United StatesSupreme Court of the United States · 1928
  2. Riggs v. . PalmerNew York Court of Appeals · 1889
  3. Martin v. HerzogNew York Court of Appeals · 1920
  4. Scurti v. City of New YorkNew York Court of Appeals · 1976
  5. McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960

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