Greenbaum v. Comptroller of New York — 72 Misc. 2d 550

Majority

p. 550

Stanley Greenbaum, Respondent, v. Comptroller of the City of New York, Appellant, and New York City Taxi and Limousine Commission, Defendant.

Supreme Court, Appellate Term, First Department,

January 25, 1973.

Norman Redlich, Corporation Counsel (Stanley Buchsbaum of counsel), for appellant. Stanley Greenbaum, respondent in person.

Plaintiff, a taxi driver, was erroneously summoned by the New York City Taxi and Limousine Commission to appear before it to answer a passenger’s complaint. He was thereby caused to lose a day’s earnings, for which he has been granted judgment. The investigatory function of the commission is for the public benefit, and the issuance of a summons by the commission involves a semijudiciál function and the exercise of discretion. The commission is immune from liability for the erroneous exercise of such a power (Gross v. State of New York, 33 A D 2d 868 , 869; see, also Gregoire v. Biddle, 177 F. 2d 579 , 581).

The judgment should be reversed, without costs, and complaint dismissed.

Concur — Markowitz, P. J., Quinn and Lupiano, JJ.

Judgment reversed, etc.

Cases cited

Gross v. State 33 A D 2d 868 N.Y. App. Div. 1969-12-18 at 869 p. 550