Legal Opinion · Dissent

Korn v. Gulotta

New York Court of Appeals

Decided October 13, 1988Published

1DissentAlexander, J.

By constitutional design, our system of government is tripartite in nature, with power shared among three coequal branches. "It is a fundamental principle of the organic law that each department should be free from interference, in the discharge of its peculiar duties, by either of the others” (Saxton v Carey, 44 NY2d 545, 549). We have held that "the court as a policy matter, even apart from principles of subject matter jurisdiction, will abstain from venturing into areas if it is ill-equipped to undertake the responsibility and other branches of government are far more suited to the task”…

2Cases cited13 opinions

  1. Kaskel v. ImpellitteriNew York Court of Appeals · 1953
  2. Talcott v. . City of BuffaloNew York Court of Appeals · 1891
  3. Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
  4. Jones v. BeameNew York Court of Appeals · 1978
  5. Gaynor v. RockefellerNew York Court of Appeals · 1965

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