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Montefiore Home v. Prendergast

211 N.Y. 549 Court N.Y. Decision date 1914-05-05 English

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p. 549
In the Matter of the Application of The Montefiore Home, Respondent, for a Writ of Mandamus against William A. Prendergast, as Comptroller of the City of New York, etal., Appellants.

Headnote

Matter of Montefiore Some v. Prendergast, 159 App. Div. 644 , affirmed.
(Argued April 20, 1914;
decided May 5, 1914.)
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered
p. 550
January 6,1914, which reversed, an order of Special Term denying a motion for writ of mandamus to compel defendants to cancel certain assessments for a local improvement levied against the property of petitioner.
Frank L. Polk, Corporation Counsel (Terence Farley and Charles J. Nehrbas of counsel), for appellants.
Louis Marshall, Moses J. Stroock and Edward F. Spitz for respondent.

Order affirmed, with costs; no opinion.

Concur: Willard Bartlett, Oh. J., Werner, His-cook, Chase, Collin, Cuddeback and Hogan, JJ.

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