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BINDING PRECEDENT?

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BINDING PRECEDENT?

Postby FortyDeuce » Sun Mar 06, 2011 11:37 am

If the NYS Court of Appeals affirms a decision on the Appellate Division's memorandum (ex: Towers Hotel Invs. Corp. v Davis, 54 AD2d 730 [1976], affd 42 NY2d 923 [1977], which states, "Affirmed on the Memorandum at the Appellate Division."), doesn't it mean that the Court of Appeals has adopted the decision and reasoning of Appellate Division, making it binding upon entire state?
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Postby TenantNet » Sun Mar 06, 2011 12:18 pm

I'm not familiar with the case you cite, but in general a decision of the NYS Court of Appeals is the highest court in the state. The COA can affirm, reverse or modify a decision of lower courts, including the Appellate Division.

But of course that's why God made lawyers ... the argue how a subsequent case is the same as, similar to, or can be distinguished from the cited case. A new case, seemingly similar, can somehow be different from the cited case in a small factual or legal detail, and then all hell breaks loose.

And of course new legislation or subsequent course cases can color how binding the earlier case is.
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