Hyperlawhypertext legal database People ex rel. Domestic Realty Co. v. O'Brien 237 N.Y. 579

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People ex rel. Domestic Realty Co. v. O'Brien

237 N.Y. 579 Court N.Y. Decision date 1924-02-19 English

Contents

Majority

p. 579
The People of the State of New York ex rel. Domestic Realty Company, Appellant, v. John P. O’Brien, Corporation Counsel of the City of New York, Respondent.

Headnote

New York city — street closing — mandamus to compel corporation counsel to institute proceedings to ascertain damage to property denied — appeal dismissed.
People ex rel. Domestic Realty Co. v. O’Brien, 207 App. Div. 817 , appeal dismissed.
(Submitted January 9, 1924;
decided February 19, 1924.)
Appeal, without permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 26, 1923, which unanimously affirmed an order of Special Term denying a motion for a peremptory order of mandamus to compel the corporation counsel of the city of New York to bring proceedings, under chapter 1006 of the Laws of 1895, to ascertain the damage, if any, to relator’s property arising from the closing of part of Old West Farms road in the borough of The Bronx.
Frederick W. FLoitenroth and Arthur D. Lyons for appellant.
George P. Nicholson, Corporation Counsel (Joel J. Squier and L. Howell LaMott of counsel), for respondent.
p. 580
Appeal dismissed, with costs; no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.