From Casetext: Smarter Legal Research

Matter of Alshap Realty Corporation v. Kleinert

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1926
218 App. Div. 862 (N.Y. App. Div. 1926)

Opinion

December, 1926.


Peremptory mandamus order modified by providing that an alternative mandamus order shall issue, with costs to abide the event. The record before us presents a question of fact that should be tried out by an alternative order as to whether or not, under the provisions of the Building Code (Art. 1, § 4, subd. 4) work was commenced within one year from the time of the issuance of the permit. Kelly, P.J., Manning, Young and Kapper, JJ., concur; Lazansky, J., dissents, and votes for reversal of the order and a denial of the motion, upon the ground that the papers do not show that petitioner is entitled to relief by mandamus.

See Code of Ordinances of the City of New York, chap. 5, art. 1, § 4, subd. 4. — [REP.


Summaries of

Matter of Alshap Realty Corporation v. Kleinert

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1926
218 App. Div. 862 (N.Y. App. Div. 1926)
Case details for

Matter of Alshap Realty Corporation v. Kleinert

Case Details

Full title:In the Matter of the Application of ALSHAP REALTY CORPORATION, Respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1926

Citations

218 App. Div. 862 (N.Y. App. Div. 1926)