Legal Opinion
Jacobs v. Altman
New York Court of Appeals
Decided January 20, 1987PublishedCited by 19 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The judgment of the Appellate Division dismissing the petition should be affirmed.
The extraordinary remedy of prohibition lies only where there is a clear legal right, and only when a court acts or threatens to act either without jurisdiction or in excess of its authorized powers in a proceeding over which it has jurisdiction (Matter of Rush v Mordue, 68 NY2d 348, 352; Matter of State of New York v King, 36 NY2d 59, 62). Even in those rare circumstances where an arrogation of power would justify engaging the judicial process in collateral intervention and *735summary…
2Cases cited6 opinions
- Rush v. MordueNew York Court of Appeals · 1986
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- La Rocca v. LaneNew York Court of Appeals · 1975
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- In re GoldNew York Court of Appeals · 1981
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- People v. Rodney E.New York Court of Appeals · 1991
- Darvin M. v. JacobsNew York Court of Appeals · 1987
- Whitehurst v. KavanaghAppellate Division of the Supreme Court of the State of New York · 1996
- Agoney v. FeinbergAppellate Division of the Supreme Court of the State of New York · 1987
- Oglesby v. McKinneyAppellate Division of the Supreme Court of the State of New York · 2006
14 more not listed; retrieve them via the Exa API.