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Positive treatment
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“ll agreements, whether initial or supplemental, with actual or potential anti-trust implications, must be filed in accordance with section 135(c) or suffer the penalty of unenforceability.”
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 17 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Cts Corporation v. Piher International Corporation and Piher Sociedad Anonima
ll agreements, whether initial or supplemental, with actual or potential anti-trust implications, must be filed in accordance with section 135(c) or suffer the penalty of unenforceability.
discussed
Cited "see"
Matter of Trump v. Merchan
This section is "'a codification of the common-law writ of prohibition, which is available to restrain an unwarranted assumption of jurisdiction and to prevent a court from exceeding its powers'" ( Matter of Trump v Merchan , 227 AD3d 518 , 519 [1st Dept 2024], appeal dismissed 41 NY3d 1013 [2024], quoting Matter of Trump v Engoron , 222 AD3d 505 , 505 [1st Dept 2023], appeal dismissed 40 NY3d 1090 [2024]; see La Rocca v Lane , 37 NY2d 575, 578-579 [1975], cert denied 424 US 968 [1976]).
discussed
Cited "see"
Matter of Trump v. Merchan
This section is "'a codification of the common-law writ of prohibition, which is available to restrain an unwarranted assumption of jurisdiction and to prevent a court from exceeding its powers'" ( Matter of Trump v Merchan , 227 AD3d 518 , 519 [1st Dept 2024], appeal dismissed 41 NY3d 1013 [2024], quoting Matter of Trump v Engoron , 222 AD3d 505 , 505 [1st Dept 2023], appeal dismissed 40 NY3d 1090 [2024]; see La Rocca v Lane , 37 NY2d 575, 578-579 [1975], cert denied 424 US 968 [1976]).
discussed
Cited "see"
Matter of Trump v. Merchan
This section is "a codification of the common-law writ of prohibition, which is available to restrain an unwarranted assumption of jurisdiction and to prevent a court from exceeding its powers" ( Matter of Trump v Engoron , 222 AD3d 505 , 505 [1st Dept 2023], appeal dismissed 40 NY3d 1090 [2024]; see LaRocca v Lane , 37 NY2d 575, 578-579 [1975], cert denied 424 US 968 [1976]; Matter of Johnson v Sackett , 109 AD3d 427, 428-429 [1st Dept 2013], lv denied 22 NY3d 857 [2013]).
discussed
Cited "see"
Matter of Hussain v. Lynch
Although it is well established "that prohibition will not lie as a means of seeking collateral review of mere trial errors of substantive law or procedure[*4], however egregious the error may be" ( Matter of Rush v Mordue , 68 NY2d 348, 353 [1986]; see Matter of Holtzman v Goldman , 71 NY2d at 569 ), "there is no sharp line between a court acting in error under substantive or procedural law and a court acting in excess of its powers, if only because every act . . . in excess of [a court's] powers in a proceeding over which it has jurisdiction of necessity involves an 'error of law' " ( La Roc…
discussed
Cited "see"
Matter of Pooler v. Ark
Such relief is available when a court “acts or threatens to act either without jurisdiction or in excess of its authorized powers” (Matter of Holtzman v Goldman, 71 NY2d 564, 569 [1988]; see Pirro, 89 NY2d at 355 ), and “[t]he extraordinary remedy of prohibition is never available merely to correct or prevent trial errors of substantive law or procedure, however grievous” (La Rocca v Lane, 37 NY2d 575, 579 [1975], cert denied 424 US 968 [1976]).
discussed
Cited "see"
Patel v. Breslin
Prohibition may not be invoked to obtain collateral review of an error of law in a pending criminal proceeding; rather, as an extraordinary writ, it lies in the discretion of the court to address only claims that involve harm that is substantial, implicates a fundamental constitutional right, “and where the harm caused by the arrogation of power could not be adequately redressed through the ordinary channels of appeal” (id. at 354 [emphasis added]; see La Rocca v Lane, 37 NY2d 575, 579-581 [1975], cert denied 424 US 968 [1976]).
cited
Cited "see"
Morris v. Reynolds
See La Rocca v. Lane, 37 N.Y.2d 575 , 376 N.Y.S.2d 93 , 338 N.E.2d 606, 609 (1975), cert. denied, 424 U.S. 968 , 96 S.Ct. 1464 , 47 L.Ed.2d 734 (1976).
discussed
Cited "see"
Santiago v. Bristol
Prohibition lies when a court acts “in excess of authorized powers in a proceeding over which it has jurisdiction” (Matter of Rush v Mordue, 68 NY2d 348, 352 ; see, La Rocca v Lane, 37 NY2d 575, 578-579 , cert denied 424 US 968 ).
cited
Cited "see"
Forbes v. Rhode Island Brotherhood of Correctional Officers
See Belanger v. Matteson, 115 R.I. 332 , 346 A.2d 124, 131 , cert. denied, 424 U.S. 968 , 96 S.Ct. 1466 , 47 L.Ed.2d 736 (1976).
discussed
Cited "see"
Shay v. Mullen
Despite the fact that we have previously found that the manuals which County Court ordered disclosed are confidential and not discoverable (see, Matter of Constantine v Leto, 157 AD2d 376 , affd 77 NY2d 975 ), "the writ may be denied in the court’s discretion” (Matter of Carney v Feldstein, 193 AD2d 1016, 1017 ; see, La Rocca v Lane, 37 NY2d 575 , cert denied 424 US 968 ).
cited
Cited "see"
Kenneth Ellman v. R.E. Davis, Warden Westchester County Penitentiary
See La Rocca v. Lane, 37 N.Y.2d 575, 578 , 376 N.Y.S.2d 93, 97 , 338 N.E.2d 606, 609 (1975), cert. denied, 424 U.S. 968 , 96 S.Ct. 1464 , 47 L.Ed.2d 734 (1976); see generally David D.
discussed
Cited "see"
Church v. McBurney
As we noted in McDonald , a municipal union’s duty to its members is statutory in origin, deriving from its statutory position as the “ ‘sole and exclusive negotiating or bargaining agent for all of the municipal employees in such appropriate bargaining unit’ ” under G.L.1956 (1979 Reenactment) § 28-9.4-1, by virtue of which “a public employee is precluded from pursuing a grievance on his own behalf.” Id. at 1178; see Belanger v. Matteson, 115 R.I. 332, 338 , 346 A.2d 124, 129 (1975), cert. denied, 424 U.S. 968 , 96 S.Ct. 1466 , 47 L.Ed.2d 736 (1976).
discussed
Cited "see"
Cooper v. Eugene School District No. 4J
See La Rocca v. Lane, 37 NY2d 575 , 376 NYS2d 93 , 338 NE2d 606 (1975), cert den 424 US 968 (1976); People v. Rodriguez, 101 Misc. 2d 536 , 424 NYS2d 600 (1979); Gold v. McShane, 74 App Div 2d 860, 426 NYS2d 504 (1980), in which the New York courts apparently left the issue to the discretion of individual trial courts.
discussed
Cited "see, e.g."
DiSimone v. Adler
In the event he is convicted after a second trial, the petitioner has an adequate remedy at law since he can raise on direct appeal the issue of the sufficiency of the evidence (see Rafferty v Owens, 82 AD2d at 585 ; see also La Rocca v Lane, 37 NY2d 575, 579 [1975], cert denied 424 US 968 [1976]; Matter of State of New York v King, 36 NY2d 59, 62 [1975]).
discussed
Cited "see, e.g."
Carey v. Kitson
If, however, an appeal would be inadequate to prevent the harm, and prohibition would provide a more effective remedy, it may lie even though the error could be addressed on appeal (Matter of Lee v County Ct. of Erie County, 27 NY2d 432 , cert den 404 US 823 ; McLaughlin, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 7801:5, pp 32-34; see, also, La Rocca v Lane, 37 NY2d 575, 579-580 , cert den 424 US 968 ).
discussed
Cited "see, e.g."
Brockway v. Monroe
If, however, an appeal would be inadequate to prevent the harm, and prohibition would provide a more effective remedy, it may lie even though the error could be addressed on appeal (Matter of Lee v County Ct. of Erie County, 27 NY2d 432 , cert den 404 US 823 ; McLaughlin, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 7801:5, pp 32-34; see, also, La Rocca v Lane, 37 NY2d 575, 579-580 , cert den 424 US 968 ).
Retrieving the full opinion text from the archive…
LaRocca
v.
Lane, Judge
v.
Lane, Judge
No. 75-1025.
Supreme Court of the United States.
Mar 22, 1976.
Cited by 33 opinions | Published
Citer courts: Federal Circuit (1)
Ct. App. N. Y. Certiorari denied.