Legal Opinion · Dissent

The Ministers and Missionaries Benefit Board v. Leon Snow v. The Estate of Clark Flesher

New York Court of Appeals

Decided December 15, 2015No. 131Published

1DissentAbdus-Salaam, J.

When is a duly enacted law of the State of New York not part of “the laws of the State of New York”? One would think that the answer is never. But the majority disagrees. In the majority’s estimation, a law passed by New York elected representatives is not part of the “laws of the State of New York” if those legislators modeled the statute on a common-law rule specifying a particular jurisdiction’s laws as controlling the disposition of a person’s property upon death. Thus, the majority holds that, where a governing-law clause in a death or retirement benefit plan declares that the “laws of…

2Cases cited38 opinions

  1. D'Amico v. ChristieNew York Court of Appeals · 1987
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. Zurich Insurance v. Shearson Lehman Hutton, Inc.New York Court of Appeals · 1994
  4. Olmsted v. . KeyesNew York Court of Appeals · 1881
  5. Welsbach Elec v. Mastec N. AmNew York Court of Appeals · 2006

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