void clause (New York) · Go Syfert
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void clause in New York

8 New York opinions name it 3 courts 1898–2023 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Andgar Associates, Inc. v. Board of ZonIng Appealsgreen
nyappdiv · 1968 · cited in 2 New York opinions naming this issue, 1992–2020
2 sentences

2020Municipal corporations have no power to make contracts which will embarrass or control them in the [*4]performance of their legislative powers and duties" ( Matter of Andgar Assoc. v Board of Zoning Appeals of Inc. Vil. of Port Washington N. , 30 AD2d 672, 674 [internal citation omitted]; see Almor Associates v Town of Skaneateles , 231 AD2d 863 ).

1992While a municipality possesses the inherent right to compromise a claim against it, it may not, under the guise of a compromise, impair a public duty owed by it or give validity to a void claim (Matter of Andgar Assocs. v Board of Zoning Appeals, 30 AD2d 672, 674 , lv denied 22 NY2d 648 ).

12
Almor Associates v. Town of Skaneatelesgreen
nyappdiv · 1996 · cited in 1 New York opinions naming this issue, 2020–2020
1 sentence

2020Municipal corporations have no power to make contracts which will embarrass or control them in the [*4]performance of their legislative powers and duties" ( Matter of Andgar Assoc. v Board of Zoning Appeals of Inc. Vil. of Port Washington N. , 30 AD2d 672, 674 [internal citation omitted]; see Almor Associates v Town of Skaneateles , 231 AD2d 863 ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
People v. General Electric Co. green
nyappdiv · 2003
1 sentence

2023Co. , 302 AD2d at 314 ).

12023–2023
Booker v. Booker neutral
nyappdiv · 1907
1 sentence

1938(Booker v. Booker, 119 App. Div. 482 .) The order appealed from should be reversed, with costs to the appellants against the respondent James P. Mazzone, and the cross-petition of Amanda Hjorth granted to the extent of directing that so much of the award as equals the assessment for benefit be applied to the payment of that assessment and that the balance be paid to Amanda Hjorth.

11938–1938
Benedict v. Salmon neutral
nyappdiv · 1917
1 sentence

1933(New York Law of Wills, § 704; Carter v. Board of Education, 144 N. Y. 621 ; Benedict v. Salmon, 177 App. Div. 385 ; affd., 223 N. Y. 707 .) Decree may be settled on two days’ notice.

11933–1933
Benedict v. . Levi neutral
ny · 1918
1 sentence

1933(New York Law of Wills, § 704; Carter v. Board of Education, 144 N. Y. 621 ; Benedict v. Salmon, 177 App. Div. 385 ; affd., 223 N. Y. 707 .) Decree may be settled on two days’ notice.

11933–1933
Carter v. Board of Education of the Presbyterian Church of America neutral
ny · 1895
1 sentence

1933(New York Law of Wills, § 704; Carter v. Board of Education, 144 N. Y. 621 ; Benedict v. Salmon, 177 App. Div. 385 ; affd., 223 N. Y. 707 .) Decree may be settled on two days’ notice.

11933–1933
Church v. . Wilson neutral
ny · 1913
1 sentence

1922It seems to me that this construction of the will will carry out the main intention of the testator, and will be doing no violence to his intentions.” In Church v. Wilson, 152 App. Div. 844 ; affd., on opinion below, 209 N. Y. 553 , the will directed the sub-share to be held for the third life, but the court cut out the void clause in these-words: “ Hence if the three children of the testator each dies leaving children, there can be no unlawful suspension.

11922–1922
Church v. Wilson neutral
nyappdiv · 1912
1 sentence

1922It seems to me that this construction of the will will carry out the main intention of the testator, and will be doing no violence to his intentions.” In Church v. Wilson, 152 App. Div. 844 ; affd., on opinion below, 209 N. Y. 553 , the will directed the sub-share to be held for the third life, but the court cut out the void clause in these-words: “ Hence if the three children of the testator each dies leaving children, there can be no unlawful suspension.

11922–1922
Matter of Snyder green
ny · 1907
1 sentence

1908In Matter of Snyder (supra), while the court held that the provision that the parties would not settle the litigation without the consent of all the others was void as against public policy, it was held that the attorneys were entitled to recover the value of tlieir services actually rendered, and merely that the provision fixing the compensation fell with the void clause with which it was inseparably connected.

11908–1908
Van Kleeck v. Dutch Church neutral
nysupct · 1838
1 sentence

1898Van Kleeck v. Dutch Church of New York, 20 Wend. 457 , was a case where the devisee was by law incapable of taking, and the court held that the devise did not,go into the residuum, because, upon a review of the whole of the will, including the void clause, such did not appear to be the intention of the testator.

11898–1898
King v. Woodhull green
nychanct · 1837
1 sentence

1898In King v. Woodhull, 3 Edw.

11898–1898

Where else courts name it

TX 9 (1933–1968) NY 8 (1898–2023) FL 5 (1894–2018) NC 5 (1916–1998) MO 4 (1951–2009) AL 3 (1928–1983) PA 2 (1948–2026) OH 2 (2007–2008) TN 2 (2003–2007) IL 2 (1927–1938) WI 2 (1927–2008) CA 2 (2015–2023) CO 2 (1912–1912) WA 2 (1926–1980)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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