Legal Opinion
N. P. Nelson Iron Works, Inc. v. Berry
Appellate Division of the Supreme Court of the State of New York
Decided February 3, 1933PublishedCited by 2 opinions
1Opinion of the CourtSherman, J.
The failure to make the mayor a party requires reversal of the order appealed from. Mandamus may not issue to compel the payment of moneys by the city of New York unless the mayor has been accorded an opportunity to be heard, his concurrence in a payment being required by section 149 of the Greater New York Charter. (People ex rel. Rangeley Const. Co., Inc., v. Craig, 197 App. Div. 503, 506; People ex rel. McClinchie v. Prendergast, 140 id. 235, 237.)
Other grounds advanced by appellant do not, however, suffice to defeat petitioner’s application. The contract executed by petitioner with the…
2Cases cited4 opinions
- Moore v. . MayorNew York Court of Appeals · 1878
- People Ex Rel. Treat v. . ColerNew York Court of Appeals · 1901
- People ex rel. Treat v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Rangeley Construction Co. v. CraigAppellate Division of the Supreme Court of the State of New York · 1921
3Cited by2 opinions
- Wilaka Construction Co. v. McAnenyAppellate Division of the Supreme Court of the State of New York · 1934
- Wilaka Construction Co. v. McAnenyAppellate Division of the Supreme Court of the State of New York · 1934