Legal Opinion
Phalen v. International Alliance of Theatrical & Stage Employees
Appellate Division of the Supreme Court of the State of New York
Decided April 6, 1967PublishedCited by 5 opinions
1Opinion of the Court
Order entered on September 7, 1966 denying cross motion of respondent-appellant reversed on the law, and cross motion to dismiss petition granted, without costs or disbursements. In the absence of a violation of a statutory duty, an article 78 proceeding for mandamus does not lie. This is the present state of the law in this State, according to an unbroken line of precedents. The learned court below indicated its awareness of this, but opined that because of socio-economic changes vis-a-vis unions, there should be a change. That may very well be, and the cause, indeed, may be just, but…
2Cases cited8 opinions
- People Ex Rel. Solomon v. Brotherhood of Painters, Decorators & Paperhangers of AmericaNew York Court of Appeals · 1916
- In re Weidenfeld against KepplerAppellate Division of the Supreme Court of the State of New York · 1903
- Weidenfeld v. . KepplerNew York Court of Appeals · 1903
- Lee OLIPHANT Et Al., Appellants, v. BROTHERHOOD OF LOCOMOTIVE FIREMEN AND ENGINEMEN Et Al., AppelleesCourt of Appeals for the Sixth Circuit · 1959
- Simons v. BerryAppellate Division of the Supreme Court of the State of New York · 1924
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3Cited by5 opinions
- Nassau Chapter Civil Service Employees Ass'n v. County of NassauNew York Supreme Court · 1992
- H. Sand & Co. v. GoldinAppellate Division of the Supreme Court of the State of New York · 1977
- Ivey v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1985
- Smith v. FrankNew York Supreme Court · 1972
- Mars Associates, Inc. v. GoldinAppellate Division of the Supreme Court of the State of New York · 1977