People ex rel. Walsh v. Kleinert

Final order reversed, and petition of the relator dismissed, with costs, upon the ground, first, that the relator, before seeking a writ of mandamus, should have appealed to the board of appeals, in accordance with *837the provisions of the Building Code; * and, second, upon the ground that the owner of the property was not made a party to the proceedings and is entitled to her day in court. Blackmar, P. J., Rich, Putnam, Jaycox and Manning, JJ., concur.

See Building Code, § 5; Code of Ordinances of City of New York, chap. 5, art. 1, § 5; Greater New York Charter (Laws of 1901, chap. 466), §§…