Legal Opinion
Lanz v. Feola
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 1992PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in passing upon the constitutionality of a State statute without first providing notice to the Attorney-General, as required by CPLR 1012 (b) and Executive Law § 71 (see, 520 E. 81st St. Assocs. v Lenox Hill Hosp., 157 AD2d 138, 145, revd on other grounds 77 NY2d 944). The lack of notice precludes this Court from passing upon the issue (see, Jefferds v Ellis, 122 AD2d 595, after remand 132 AD2d 321, lv denied 75…
2Cases cited5 opinions
- Lichtman v. GrossbardNew York Court of Appeals · 1988
- 520 East 81st Street Associates v. Lenox Hill HospitalNew York Court of Appeals · 1991
- 520 East 81st Street Associates v. Lenox Hil HospitallAppellate Division of the Supreme Court of the State of New York · 1990
- Jefferds v. EllisAppellate Division of the Supreme Court of the State of New York · 1986
- Jefferds v. EllisAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Lawton v. LawtonAppellate Division of the Supreme Court of the State of New York · 1997
- Rodgers v. CrumbAppellate Division of the Supreme Court of the State of New York · 1997
- Avraham v. Lakeshore Yacht & Country Club, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- People v. CrespiAppellate Division of the Supreme Court of the State of New York · 2008
- Rohring v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1995