Majority
p. 619In the Matter of the Application of Namon Gewertz, Appellant, to Compel Charles W. Berry, as Comptroller of the City of New York, Respondent, to Pay the Judgment Obtained by the Said Namon Gewertz against the City of New York.[1]
Order denying motion for peremptory mandamus order affirmed, with costs, as a matter of law and not in the exercise of discretion. No opinion. Kapper, Carswell and Scudder, JJ., concur; Lazansky, P. J., and Davis, J., dissent and vote for reversal. [ 140 Misc. 743 .]
Cases cited
- Gewertz v. Berry 140 Misc. 743 p. 619