Legal Opinion
Winkler v. Sherman
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2016No. 101428/13 581 580PublishedCited by 1 opinion
1Opinion of the Court
Order, Supreme Court, New York County (Milton A. Tingling, J.), entered December 19, 2014, which granted defendant Sherman’s motion to dismiss the complaint for failure to state a claim, and order, same court (Robert D. Kalish, J.), entered May 29, 2015, which, to the extent appealable, denied plaintiff’s motion to renew, unanimously affirmed, without costs.
A statute is presumed constitutional and that presumption can only be overcome by proof persuasive beyond a reasonable doubt (Hotel Dorset Co. v Trust for Cultural Resources of City of N.Y., 46 NY2d 358, 370 [1978]; Local Govt. Assistance…
2Cases cited4 opinions
- Hotel Dorset Co. v. Trust for Cultural ResourcesNew York Court of Appeals · 1978
- Local Government Assistance Corp. v. Sales Tax Asset Receivable Corp.New York Court of Appeals · 2004
- Drillings v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 1994
- Pullman v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2015