Korn v. Gulotta
New York Court of Appeals
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
- Kaskel v. ImpellitteriNew York Court of Appeals · 1953
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Wambat Realty Corp. v. StateNew York Court of Appeals · 1977
- Jones v. BeameNew York Court of Appeals · 1978
- Gaynor v. RockefellerNew York Court of Appeals · 1965
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