In re Lenc
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtFinch, J.
The petitioners sought at Special Term a peremptory order of mandamus to compel the defendants to turn over to petitioners, as the duly elected officers of a fraternal union, all books, records, papers, funds and securities belonging to the union. The defendants interposed a return in which they attempted to put in issue the material allegations of the petition by denials upon information and belief, supplemented by affirmative allegations of fact. The defendants urge,,, as a first defense, that there are issues of fact to be tried and hence a peremptory order of mandamus may not issue, and…
2Cases cited8 opinions
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Manice v. . PowellNew York Court of Appeals · 1911
- In re Weidenfeld against KepplerAppellate Division of the Supreme Court of the State of New York · 1903
- Hoevel Sandblast Machine Co. v. HoevelAppellate Division of the Supreme Court of the State of New York · 1915
- People Ex Rel. Urban Water Supply Company v. . ConnollyNew York Court of Appeals · 1915
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3Cited by7 opinions
- 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
- Smith v. DillonAppellate Division of the Supreme Court of the State of New York · 1943
- Fauci v. LeeNew York Supreme Court · 1963
- State v. HohmannMissouri Court of Appeals · 1952
- Rivette v. BakerAppellate Division of the Supreme Court of the State of New York · 1942
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