Legal Opinion

TKU-Queens Corp. v. Mabel Food Corp.

Civil Court of the City of New York

Decided March 18, 1977Published

1Opinion of the CourtHerbert A. Posner, J.

Is there a place for "Mercy” in the Civil Courts of this State; or does justice require the Judge to observe the strict letter of the law under all circumstances? As Portia stated, in possibly the best-known passage in all of Shakespeare’s plays: "The quality of mercy is not strained, it droppeth as the gentle rain from heaven upon the place beneath. It is twice blest — it blesseth him that gives and him that takes. 'Tis mightiest in the mightiest. It becomes the throned monarch better than his crown. His sceptre shows the force of temporal power, the attribute to awe and majesty; wherein…

2Cases cited6 opinions

  1. In Re the Estate of MalloyNew York Court of Appeals · 1938
  2. Third City Corp. v. LeeAppellate Division of the Supreme Court of the State of New York · 1973
  3. MacLeod v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1964
  4. Pepsi-Cola Metropolitan Bottling Co. v. MillerCivil Court of the City of New York · 1966
  5. Spotless Stores, Inc. v. SmithAppellate Division of the Supreme Court of the State of New York · 1951

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