People Ex Rel. Dady v. . Coler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1902, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus directing the defendant to pay the relator a certain sum alleged to be due upon a contract for grading Neptune avenue in the town of Gravesend. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1902, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus directing the defendant to pay the relator a certain sum alleged to be due upon a contract for grading Neptune avenue in the town of Gravesend. The facts, so far as material, are stated in the opinion. The question of whether any additional certificate to the one in question can be demanded by the comptroller is res adjuclieata. (Leavitt v. Wolcott, 95 N. Y. 212.) The…
1Opinion of the CourtO’Brien, J.
The relator is the assignee of a contract made by John Curran with certain commissioners for grading and improving Neptune avenue in the town of Gravesend, dated February 26tli, 1893. This town was subsequently incorporated in the Greater City of New York, and if anything is due upon this contract or for the work provided for therein or connected therewith, it is assumed to be a claim against that city. On the 23rd of September, 1901, the court at Special Term, upon the relator’s application, awarded a peremptory mandamus requiring the defendant, as comptroller of the city, to forthwith pay…
2Cases cited3 opinions
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- People Ex Rel. Mott v. . Board of SupervisorsNew York Court of Appeals · 1876
- People Ex Rel. Slavin v. . WendellNew York Court of Appeals · 1877
3Cited by3 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
- People ex rel. Pierce v. SohmerAppellate Division of the Supreme Court of the State of New York · 1915
- Rox v. SweeneyNew York Supreme Court · 1928