· 3/8/2004
Flagg v. Yonkers Savings & Loan Ass'n, FA
Citations
- 307 F. Supp. 2d 565
- 2004 U.S. Dist. LEXIS 4291
- 2004 WL 502166
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- \It is beyond cavil that governmental action is required to trigger the application of this clause; it does not apply to private parties who are not state or governmental actors.\
- “It is beyond cavil that governmental action is required to trigger the application of [the Takings Clause]; it does not apply to private parties who are not state or governmental actors.”
- “It is beyond cavil that governmental action is required to trigger the application of [the Takings Clause]; it does not apply to private parties who are not state or governmental actors.”
- “A private entity is not . . . ‘a state actor where its conduct is not compelled by the state but is merely permitted by state law.’” (quoting Cranley v. Nat’l Life Ins. Co. of Vt., 318 F.3d 105 (2d Cir. 2003))
- “A clause providing that the agreement is ‘governed by federal law and the law that applies in the place where the Property is located,’ does not have the specificity required as a matter of law to incorporate otherwise preempted state statutes into the mortgage agreement.”
Source: CourtListener parenthetical corpus (CC0).
Judges: William C. Conner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.