“An ACT of the Legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority.”1
These words of Justice Samuel Chase, quoted by the Appellate Division, First Department, in December 2009, still resonate more than 200 years later. Highlighted below are several cases decided in the past three months by the Appellate Division’s four departments which explicate “principles of the social compact”—some well-accepted and others novel.
First Department
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