Legal Opinion
Yellow Book of NY L. P. v. Dimilia
Nassau County District Court
Decided May 31, 2001PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Kenneth L. Gartner, J.
The instant motion presents a unique issue of first impression involving a conflict between two legal principles: the *490principle that unpublished memorandum decisions of a court are not to be given binding effect, and the principle that decisions of a court with direct appellate authority are to be given controlling (i.e., stare decisis) effect by a subordinate court.
Pursuant to Judiciary Law § 431, all decisions of the Court of Appeals and the four Appellate Divisions are officially published. The conflict presented by these principles is therefore…
2Cases cited16 opinions
- Savoy Record Co. v. Cardinal Export Corp.New York Court of Appeals · 1964
- Matter of ShorterDistrict of Columbia Court of Appeals · 1990
- Cicio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Dubai Islamic Bank v. Citibank, N.A.District Court, S.D. New York · 2000
- People v. WhelanAppellate Division of the Supreme Court of the State of New York · 1991
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- People v. PestanaCriminal Court of the City of New York · 2003
- People v. FurstWhite Plains City Court · 2003
- Juniper Walk Condominium v. Patriot Management Corp.White Plains City Court · 2004
- People v. SilasNew York District Court · 2003
- In re Pers. Restraint of HaghighiWashington Supreme Court · 2013
1 more not listed; retrieve them via the Exa API.