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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)

Citation
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Parent Document
Notre Dame Leasing, LLC v. Rosario, 2 N.Y. 459 (2004)
Jurisdiction
New York (state)
Effective Date
2004-05-11

Other Sections in This Document (40)

Full Text

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It is well-established that statutory interpretation begins with the plain language of the statute (see Leader v Maroney, Ponzini & Spencer, 97 NY2d 95, 104 [2001]; Majewski v BroadalbinPerth Cent. School Dist., 91 NY2d 577, 583 [1998]). “As the clearest indicator of legislative intent is the statutory text, the starting point in any case of interpretation must always be the language itself, giving effect to the plain meaning thereof’ (Majewski, 91 NY2d at 583). This primary rule of statutory interpretation has been eschewed by the majority in favor of a construction that considers the statute as a whole and sets forth some “equivocal evidence of legislative intent” (Desiderio v Ochs, 100 NY2d 159, 169 [2003]). I prefer a literal reading and look to the unambiguous language of the statute.