Banks v. Wyman

This proceeding was instituted pursuant to article 78 of the CPLR by Mr. and Mrs. Banks, public assistance recipients, compelling respondents to pay the balance owed by the Banks for the installation of a heating system in their home.

Mrs. Banks is the fee -owner of the home where she and her husband live together with their six minor children. In 1965, before the Banks were receiving public assistance, they ordered on time payment the installation of a heating system for the second floor of their home to make that floor habitable for the children of their burgeoning family during the winter.…