Legal Opinion

People ex rel. Danziger v. Metz

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908Published

Appeal by the relators, Adolph Danziger and others, from an order of the Supreme Court, made at- the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of August, 1907, denying the relators’ motion for a peremptory writ of mandamus.

1Opinion of the Court

McLaughlin, J.:

The relators are the assignees of certain stalls or stands in West Washington Market in the city of New Yoi-Ir. These stalls are rented on permits issued by the comptroller of the city which are revocable . for good cause and not assignable without the written consent of the comptroller. The rentals are fixed by the commissioners of the sinking' fund, who, together with the bureau for the collection of city revenue and markets, have the general management and control of the. market. (Greater N. Y. Charter, § 163.*) The assignment to the relators was duly approved by the…

2Cases cited3 opinions

  1. People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
  2. People Ex Rel. McCabe v. . MatthiesNew York Court of Appeals · 1904
  3. People ex rel. McCabe v. MatthiesAppellate Division of the Supreme Court of the State of New York · 1904

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