Legal Opinion
Matter of Wilaka Constr. Co. v. McAneny
New York Court of Appeals
Decided July 3, 1934PublishedCited by 5 opinions
1Opinion of the CourtO’Brien, J.
The Board of Education of the City of New York filed with the Comptroller its certificate authorizing and directing payment to appellant for work performed under a contract for the construction of a public school building. The Comptroller declined to pay the sum certified and retained certain moneys for the reason, that engineers in the finance department asserted that some defects existed in the work. No claim of fraud is made. In this proceeding to compel the Comptroller to issue a warrant for the sum certified, in which the Mayor has not been made a party, the remedy of mandamus has been…
2Cases cited7 opinions
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921
- Lewis v. Bd. of Education of City of New YorkNew York Court of Appeals · 1932
- Matter of McNutt Co. v. EckertNew York Court of Appeals · 1931
- Matter of Brennan v. Bd. of EducationNew York Court of Appeals · 1927
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3Cited by5 opinions
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
- Matter of Horn v. GillespieNew York Court of Appeals · 1935
- H. Sand & Co. v. GoldinAppellate Division of the Supreme Court of the State of New York · 1977
- Koltun v. Board of EducationNew York Supreme Court · 1960
- Frazier-Davis Construction Co. v. GerosaAppellate Division of the Supreme Court of the State of New York · 1958