Debs Memorial Radio Fund, Inc. v. Lomenzo
New York Supreme Court
1Opinion of the CourtLouis G. Bruhn, J.
This is a proceeding pursuant to article 78 of the Civil Practice Law and Rules for a judgment directing and compelling the respondent to accept for filing the original executed certificate of consolidation of a corporation created under the provisions of the .Stock 'Corporation Law with one created under the provisions of the Membership Corporations Law.
*52The law seems amply settled that mandamus will only issue to compel the performance of prescribed acts to which the petitioners have a clear legal right. (People ex rel. Empire City Trotting Club v. State Racing Comm., 190 N. Y. 31; Matter of…
2Cases cited9 opinions
- Matter of Picone v. Comr. of LicensesNew York Court of Appeals · 1925
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- In Re the Transfer Tax Upon the Estate of De PeysterNew York Court of Appeals · 1914
- Matter of Small v. MossNew York Court of Appeals · 1938
- People Ex Rel. Empire City Trotting Club v. State Racing CommissionNew York Court of Appeals · 1907
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3Cited by1 opinion
- Crohn v. Firemen's Benevolent Fund Ass'nNew York Supreme Court · 1973