People Ex Rel. Lunney v. . Campbell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application for a writ of peremptory mandamus to compel the commissioner of public works in the city of New York to execute a contract on behalf of the city corporation, for regulating, grading, etc., of One Hundred and Second street. The facts are stated sufficiently in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying an application for a writ of peremptory mandamus to compel the commissioner of public works in the city of New York to execute a contract on behalf of the city corporation, for regulating, grading, etc., of One Hundred and Second street. The facts are stated sufficiently in the opinion. There being no disputed question of fact, a peremptory writ of mandamus was proper in the first instance. (People ex rel. Carlton v. Asten, 7 Hun, 228; People ex rel. Doyle…
1Opinion of the CourtMiller, J.
The relator seeks by mandamus to compel the respondent, who is commissioner of public works of the city of New York, to enter into and execute with him a contract for the regulating, grading, etc., of One Hundred and Second street, from Fifth avenue to Harlem river in said city. In support of the relator’s claim it appears that he was the lowest bidder for the contract, when the commissioner advertised for bids and proposals ; that his bid has been accepted and the contract awarded to him ; that he has furnished the requisite security as required by the charter, and in all respects conformed…
2Cases cited2 opinions
- People ex rel. Hackley v. Croton Aqueduct BoardNew York Supreme Court · 1867
- People Ex Rel. Perkins v. HawkinsNew York Court of Appeals · 1871
3Cited by31 opinions
- Molloy v. . City of New RochelleNew York Court of Appeals · 1910
- Belmar Contracting Co. v. . State of New YorkNew York Court of Appeals · 1922
- Baltimore & Ohio Southwestern Railroad v. People ex rel. AllenIllinois Supreme Court · 1902
- Matter of Leitner v. New York Telephone Co.New York Court of Appeals · 1938
- George S. Chatfield Co. v. ReevesSupreme Court of Connecticut · 1913
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