O. J. Gude Co. v. Murphy
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. In the matter of the application of the O. J. Gude Company for a peremptory writ of mandamus against Edward S. Murphy, as superintendent of buildings. Erom an order denying a motion for a peremptory writ, relator appealed.
1Opinion of the CourtScott, J.
For the reasons stated in People ex rel. M. Wineburgh Advertising Company v. Edward S. Murphy, as Superintendent of Buildings (decided herewith) 113 N. Y. Supp. 855, the order appealed from must be reversed, and the motion for a peremptory mandamus granted. Settle order on notice.
PATTERSON, P. J., and INGRAHAM, J., concur. LAUGHLIN, J., concurs, for the reasons stated in his dissenting opinion in City of New York v. Wineburgh Advertising Co., 124 App. Div. 641, 109 N. Y. Supp. 335. CLARKE, J., dissents.
2Cases cited2 opinions
- People ex rel. M. Wineburgh Advertising Co. v. MurphyAppellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. M. Wineburgh Advertising Co.Appellate Division of the Supreme Court of the State of New York · 1908