Legal Opinion
Weimer v. Board of Education
New York Court of Appeals
Decided February 19, 1981PublishedCited by 18 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
Assignment of a taxpayer’s action to one not shown to be himself a taxpayer is the transfer of a claim in contravention of public policy and, therefore, proscribed by subdivision 3 of section 13-101 of the General Obligations Law. Because the assignee, appellant at the Appellate Division and in our court, was, as a result, without standing to maintain the action, the appeal should be dismissed and the matter should be remitted to the Appellate Division with directions to dismiss the appeal to that court.
The present action grows out of an article 78 proceeding by…
2Cases cited22 opinions
- Boryszewski v. BrydgesNew York Court of Appeals · 1975
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- Williams v. MorganSupreme Court of the United States · 1884
- Ayers v. . LawrenceNew York Court of Appeals · 1874
17 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Transactive Corp. v. New York State Department of Social ServicesNew York Court of Appeals · 1998
- Boyle v. Town of WoodstockAppellate Division of the Supreme Court of the State of New York · 1999
- Board of Education v. StateAppellate Division of the Supreme Court of the State of New York · 1985
- Madison Square Garden v. New York Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Schulz v. Cobleskill-Richmondville Central School District Board of EducationAppellate Division of the Supreme Court of the State of New York · 1994
13 more not listed; retrieve them via the Exa API.