Brusco v. Braun

I respectfully dissent.

The dispositive issue on this appeal is the interpretation of the phrase "the judge shall render judgment” as used in RPAPL 732 (3). The fact that the instant petition was verified by the landlord and proper service was established does not detract from the Judge’s exercise of judgment and discretion to "render” a judgment, a distinct judicial process not subject to mandamus and wholly distinguishable from a command to perform a ministerial act, which can be the subject of a mandamus proceeding (see, Klostermann v Cuomo, 61 NY2d 525, 539). The majority, however,…