Apter v. Apter

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that legislative bodies do not \hide elephants in mouseholes\
• observing that legislative bodies do not \hide elephants in mouseholes\
• Court of Appeals has “declined to recognize a private right of action in instances where [t]he Legislature specifically considered and expressly provided for enforcement mechanisms’ in the statute itself”
• “We have repeatedly recognized the third as the most important . . .”
• private right of action was inconsistent with the legislative scheme when “recognition of such a right [would not] be compatible with the comprehensive enforcement mechanisms the legislature included elsewhere” in the statute at issue
• “The fact that a judgment creditor may be able to bring a plenary action to punish a bank’s contemptuous failure to honor a restraining notice does not establish that noncompliance with other technical aspects of CPLR article 52 can give rise to a plenary action for money damages[.]”

Source: CourtListener parenthetical corpus (CC0).