People Ex Rel. Desiderio v. . Conolly
New York Court of Appeals
People ex rel. Desiderio v. Conolly, 207 App. Div. 886, reversed. Appeal, by permission, from an order of- the Appellate Division of the Supreme Court in the fourth judicial department, entered November 30, 1923, which affirmed an order of Special Term granting a peremptory order of mandamus to compel audit of the claims of the relators against their objection that they were entitled to the trial of the issues under an alternative mandamus order and thereby to additional…
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People ex rel. Desiderio v. Conolly, 207 App. Div. 886, reversed. Appeal, by permission, from an order of- the Appellate Division of the Supreme Court in the fourth judicial department, entered November 30, 1923, which affirmed an order of Special Term granting a peremptory order of mandamus to compel audit of the claims of the relators against their objection that they were entitled to the trial of the issues under an alternative mandamus order and thereby to additional relief.
1Opinion of the CourtCardozo, J.
The town board of the town of Brighton established a district for the construction of a sewer system (Town Law [Cons. Laws, ch. 62], § 230), and appointed sewer commissioners (Town Law, § 231) to build the system and maintain it. The commissioners employed as their contractor (Town Law, § 234) Nicola Desiderio, one of the relators in this proceeding, but later while he was in the course of performance, took the work out of his hands, and still later abandoned it altogether. He claims that there remains due to him a balance of $23,638.29, partly for work done under the contract, partly for…
2Cases cited17 opinions
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- People Ex Rel. Finnegan v. . McBrideNew York Court of Appeals · 1919
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
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3Cited by28 opinions
- City of New York v. StateNew York Court of Appeals · 1976
- Heinatz v. AllenTexas Supreme Court · 1949
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- Toscano v. McGoldrickNew York Court of Appeals · 1949
- State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
23 more not listed; retrieve them via the Exa API.