Legal Opinion
Hutson v. Bass
New York Court of Appeals
Decided September 3, 1981PublishedCited by 92 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, without costs, and the proceeding remitted to that court for determination of questions of fact, if any.
The reversal at the Appellate Division was recited to have been “on the law and in the interest of justice”. To the extent that it was based on considerations of “interest of justice” it was erroneous. While the Appellate Division does have interest-of-justice jurisdiction in some matters (e.g., CPL 470.15, subd 3, par [c]; cf. 4 Weinstein-KornMiller, NY Civ Prac, par 4017.09), no provision is invited to…
2Cases cited4 opinions
- Higby v. MahoneyNew York Court of Appeals · 1979
- Ryan v. Board of ElectionsNew York Court of Appeals · 1981
- MATTER OF WEIN v. MolinariNew York Court of Appeals · 1980
- Ruiz v. SachsNew York Court of Appeals · 1978
3Cited by92 opinions
- Bank of Am., N.A. v. KesslerAppellate Division of the Supreme Court of the State of New York · 2021
- Matter of Frome v. Bd. of Elections of Nassau CountyNew York Court of Appeals · 1982
- Catania v. HaberleSupreme Court of New Jersey · 1991
- Martin v. TutunjianAppellate Division of the Supreme Court of the State of New York · 1982
- Ryan v. Board of ElectionsNew York Court of Appeals · 1981
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