Legal Opinion

Rein v. Wagner

New York Supreme Court

Decided June 3, 1965PublishedCited by 4 opinions

1Opinion of the CourtSamuel H. Hofstadter, J.

I am bound in duty and in respect, to honor the controlling rulings of Matter of Stich v. Wagner (36 Misc 2d 51, affd. 18 A D 2d 454, affd. 14 N Y 2d 530). Hence, I am constrained to reject as legally inadmissible petitioners’ contention that since their rights are derived from State statute, they cannot be limited or impaired by local limitation — that 93c-2.0 of the Administrative Code of the City of New York cannot be applied to any of them under any circumstances. I embrace cordially their view, however, that morally it would be egregiously inequitable to differentiate among them…

2Cases cited25 opinions

  1. George Moore Ice Cream Co. v. RoseSupreme Court of the United States · 1933
  2. Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
  3. Braniff Airways, Inc. v. Nebraska State Board of Equalization & AssessmentSupreme Court of the United States · 1954
  4. People v. Westchester County National BankNew York Court of Appeals · 1921
  5. Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932

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3Cited by4 opinions

  1. S. Leo Harmonay, Inc. v. Binks Manufacturing Co.District Court, S.D. New York · 1984
  2. Stahl Management Corp. v. Conceptions UnlimitedDistrict Court, S.D. New York · 1983
  3. Clarke v. TRIGO U.S.District Court, S.D. New York · 2023
  4. Trustees of the Local 7 Tile Industry Welfare Fund, Trustees of the Local 7 Tile Industry Annuity Fund, Trustees of the Tile Layers Local Union 52 Pension Fund v. Gibraltar Contracting, Inc.District Court, E.D. New York · 2021

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