People ex rel. Nolan v. Prendergast
New York Supreme Court
Application for peremptory writ of mandamus to compel consideration by the comptroller of the city .of New York of an illegal and invalid claim.
1Opinion of the CourtBenedict, J.
The only question requiring special
consideration is whether the relator’s claim was, at the time of the initiation of this proceeding, barred by the Statute of Limitations within the meaning of section 246 of the charter of the city of New York, which authorizes the comptroller to consider and certify to the board of estimate and apportionment for payment, “ an illegal or invalid claim against the city, but one which, notwithstanding, in his judgment it is e.quitable and proper for the city to pay in whole or in part,” and which further provides that “ The provisions of this section shall not…
2Cases cited4 opinions
- Wooster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1877
- Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
- People Ex Rel. Dady v. . PrendergastNew York Court of Appeals · 1911
- Niagara Fire Insurance Company v. . Campbell StoresNew York Court of Appeals · 1906
3Cited by4 opinions
- Brumel v. Hartford Fire InsuranceCity of New York Municipal Court · 1936
- Quereau v. Lehigh Valley R.District Court, N.D. New York · 1918
- Fortis v. Glens Falls InsuranceAppellate Division of the Supreme Court of the State of New York · 1965
- People ex rel. Nolan v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1915