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Lewis v. Macchiarola

420 N.E.2d 972, 53 N.Y.2d 629, 438 N.Y.S.2d 780, 1981 N.Y. LEXIS 2297
CourtNew York Court of Appeals
DecidedMarch 24, 1981
StatusPublished
Cited by4 cases

This text of 420 N.E.2d 972 (Lewis v. Macchiarola) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Macchiarola, 420 N.E.2d 972, 53 N.Y.2d 629, 438 N.Y.S.2d 780, 1981 N.Y. LEXIS 2297 (N.Y. 1981).

Opinion

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, essentially for the reason stated in the memorandum at the Appellate Division. In that connection we note that, if the respondent had raised the failure to exhaust administrative remedies point at Special Term, it could not have been obviated factually or legally. Therefore, especially since the matter was legally conclusive of the case, we cannot say that it was [631]*631error as a matter of law for the Appellate Division to have based its disposition on that ground.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed, with costs, in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
420 N.E.2d 972, 53 N.Y.2d 629, 438 N.Y.S.2d 780, 1981 N.Y. LEXIS 2297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-macchiarola-ny-1981.