Kayfield Construction Corp. v. Morris

Even if we accept the tendered stipulation and look to the petitioner’s brief for the facts, on this motion addressed to the sufficiency of the petition, pursuant to section 1293 of the Civil Practice Act, the record is barren of facts constituting the basis of the action of the Board of Estimate; further, there is nothing to indicate the Board of Estimate acted with or without knowledge of the facts. To give its action legal effect the determination of the Board of Estimate must be based on facts. Such a determination without supporting facts could be said to be arbitrary. (People ex rel.…