People ex rel. Brixton Operating Corp. v. La Fetra

The relator seeks a peremptory mandamus requiring the respondent, a justice of the City Court of the city of New York, to sign, issue and deliver to the relator a precept initiating a summary proceeding based upon the ground that the tenant was holding over after the expiration of his term. Prior to making this motion for a mandamus the relator applied to the respondent for such a precept, which was refused on the ground that the proceeding proposed by the relator was mot one of those authorized and provided by chapter 942 of the Laws of 1920. The motion is opposed by the corporation counsel…