Legal Opinion

Sadek v. Wesley

New York Court of Appeals

Decided April 28, 2016PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the affirmative.

In view of the Appellate Division’s substitution of its discretion for that of the trial court, our review is limited (see Brady v Ottaway Newspapers, 63 NY2d 1031, 1032 [1984]; Matter of Von Bulow, 63 NY2d 221, 225 [1984]; see also Andon v 302-304 Mott St. Assoc., 94 NY2d 740, 745 [2000]). That narrow scope of review and the unique facts present here drive our determination of this case. We conclude that the Appellate Division did not abuse…

2Cases cited3 opinions

  1. Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
  2. Brady v. Ottaway Newspapers, Inc.New York Court of Appeals · 1984
  3. Chemical Bank v. Von BulowNew York Court of Appeals · 1984

3Cited by12 opinions

  1. Dovberg v. LaubachAppellate Division of the Supreme Court of the State of New York · 2017
  2. State v. Ralph P.New York Supreme Court · 2016
  3. Troyano v. BurrisAppellate Division of the Supreme Court of the State of New York · 2021
  4. Benguigui v. RacerAppellate Division of the Supreme Court of the State of New York · 2021
  5. Hudak v. Good Samaritan Hosp. of Suffern, N.Y.Appellate Division of the Supreme Court of the State of New York · 2020

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