People Ex Rel. Schanck v. . Green
New York Court of Appeals
These were appeals from orders of the General Term of the Supreme Court in the first judicial department. (Eeported below, 6 Hun, 11.) The order in the case first entitled reversed an order of Special Term quashing defendant’s return to an alternative writ of mandamus, and directing a peremptory writ to issue.
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These were appeals from orders of the General Term of the Supreme Court in the first judicial department. (Eeported below, 6 Hun, 11.) The order in the case first entitled reversed an order of Special Term quashing defendant’s return to an alternative writ of mandamus, and directing a peremptory writ to issue. In the case secondly entitled the order reversed an order of Special Term sustaining a demurrer to defendant’s return to an alternative writ, and directing a peremptory writ to issue. The writ in each case required the comptroller, on behalf of the city, to lease certain premises…
1Opinion of the CourtMiller, J.
The authority of the common council of the city of Hew York to take a lease of real estate for the benefit of the corporation, although not conferred in express terms, is distinctly recognized as one of the inherent powers possesed by that body, under the charter of the city. Section 14, Session Laws of 1873, chapter 335, declares that in case of any ordinance or resolution of the common council, which involves the lease of real estate or fran'cliise, the votes of three-fourths of the members of the board shall become necessary to its passage. Section 18 enacts that the common council shall…
2Cited by10 opinions
- Lowe v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1934
- Lighton v. . City of SyracuseNew York Court of Appeals · 1907
- Barry v. City of New YorkNew York Supreme Court · 1941
- People ex rel. Lighton v. McGuireNew York Supreme Court · 1900
- 121-129 Broadway Realty, Inc. v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1962
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