Legal Opinion

Egan v. Board of Water Supply of New York

New York Court of Appeals

Decided April 2, 1912PublishedCited by 48 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to permit an inspection of the reports of the chief and consulting engineers of the board of water supply of the city of Hew York in relation to the award of a certain contract. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 29, 1911, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel defendant to permit an inspection of the reports of the chief and consulting engineers of the board of water supply of the city of Hew York in relation to the award of a certain contract. The facts, so far as material, are stated in the opinion. Under section 51 of the General Municipal Law a taxpayer who seeks an inspection of a public record is bound to show that…

1Opinion of the CourtWillard Bartlett, J.

The original order brought up for review by this appeal directs the issuance of a peremptory writ of mandamus commanding the commissioners of water supply of the city of New York to afford the petitioner an opportunity to inspect any and all reports of the chief and consulting engineers to the board of water supply on or relating to the passing upon and awarding by the said board of a contract known as con tract 90 for the construction of a tunnel under the Hudson river between Storm King and Break Neck mountains and two shafts in connection therewith.

The appellants constitute the board of…

2Cases cited3 opinions

  1. Clement v. GrahamSupreme Court of Vermont · 1906
  2. People ex rel. Woodill v. FosdickAppellate Division of the Supreme Court of the State of New York · 1910
  3. Matter of LordNew York Court of Appeals · 1901

3Cited by48 opinions

  1. Nixon v. Warner Communications, Inc.Supreme Court of the United States · 1978
  2. State Ex Rel. Youmans v. OwensWisconsin Supreme Court · 1965
  3. People v. KeatingAppellate Division of the Supreme Court of the State of New York · 1955
  4. Coldwell v. Board of Public WorksCalifornia Supreme Court · 1921
  5. Werfel v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1965

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