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SCHANTZ v. O'SULLIVAN

11 A.D.3d 22 (2004)

780 N.Y.S.2d 813

PRISCILLA V. SCHANTZ, Appellant, v. JEAN F. O'SULLIVAN, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 29, 2004.

Attorney(s) appearing for the Case

Rapport, Meyers, Whitbeck, Shaw & Rodenhausen L.L.P., Hudson (Victor M. Meyers of counsel), for appellant.

Arcus, Goldstein & Munnelly, Albany (Kenneth J. Munnelly of counsel), for respondent.

Eliot Spitzer, Attorney General, Albany (Eric A. Johnson of counsel), in his statutory capacity under Executive Law § 71.

PETERS, SPAIN and CARPINELLO, JJ., concur.

OPINION OF THE COURT

MERCURE, J.P.

On this appeal, we are called upon to decide whether chapter 71 of the Laws of 2002 (hereinafter chapter 71), which as applied here precludes the foreclosure of two mortgages given by a matrimonial litigant to her attorney over a decade prior to the statute's enactment, violates the US Constitution. Because we conclude that chapter 71 violates US Constitution, article I, § 10 (hereinafter the Contract Clause), we reverse...

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