Monument Garage Corp. v. Levy

The objection that the building zone resolution would be violated by granting the relief sought by the petitioner was raised at the time of the original application for an order of mandamus. Although there was no dispute as to the facts relating to that objection, the court granted an alternative order of mandamus. This was tantamount to a holding that the objection was without merit, for otherwise no order of mandamus, either peremptory or alternative, should have been issued. As “ the courts have repeatedly held that one justice at Special Term may not review and set aside an order made by…