Legal Opinion
Schantz v. O'Sullivan
Appellate Division of the Supreme Court of the State of New York
Decided July 29, 2004PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.P.
On this appeal, we are called upon to decide whether chapter 71 of the Laws of 2002 (hereinafter chapter 71), which as applied here precludes the foreclosure of two mortgages given by a matrimonial litigant to her attorney over a decade prior to the statute’s enactment, violates the US Constitution. Because we conclude that chapter 71 violates US Constitution, article I, §10 (hereinafter the Contract Clause), we reverse Supreme Court’s determination that the statute bars foreclosure here.
This foreclosure action was the subject of a prior appeal before this…
2Cases cited17 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
- Allied Structural Steel Co. v. SpannausSupreme Court of the United States · 1978
- Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
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3Cited by4 opinions
- Healthnow New York Inc. v. New York State Insurance DepatmentAppellate Division of the Supreme Court of the State of New York · 2013
- Healthnow New York Inc. v. New York State Insurance DepatmentAppellate Division of the Supreme Court of the State of New York · 2013
- Matter of Ireland v. Cattaraugus County Dept. of Nursing Homes-Olean PinesAppellate Division of the Supreme Court of the State of New York · 2020
- Schantz v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 2005