§ 138 — When attorney-general may maintain action

New York § 138

• Jurisdiction: New York
• Law PBL: Public Lands
• Art. 13: Action to Vacate Letters Patent

Text

§ 138. When attorney-general may maintain action. The\nattorney-general may maintain an action to vacate or annul\nletters-patent, granted by the people of the state, in either of the\nfollowing cases:\n 1. Where they were obtained by means of a fraudulent suggestion, or\nconcealment of a material fact, made by, or with the knowledge or\nconsent of, the person to whom they were issued.\n 2. Where they were issued in ignorance of a material fact, or through\nmistake.\n 3. Where the patentee, or those claiming under him, have done or\nadmitted an act, in violation of the terms and conditions upon which the\nletters-patent were granted, or have, by any other means, forfeited the\ninterest acquired under the same.\n Whenever the attorney-general has good reason to believe that any act\nor omission, specified in this section, can be proved, and that the\nperson to be made defendant has no sufficient legal defence, he must\ncommence such an action.\n