Greenbaum v. Comptroller of the City of N.Y

Full title: STANLEY GREENBAUM, Respondent, v. COMPTROLLER OF THE CITY OF NEW YORK…

Court: Supreme Court, Appellate Term, First Department

Date published: Jan 25, 1973

72 Misc. 2d 550 (N.Y. App. Term 1973)

340 N.Y.S.2d 334

Opinion

January 25, 1973

Appeal from the Small Claims Part of the Civil Court of the City of New York, County of The Bronx, WILLIAM J. DROHAN, J.

Norman Redlich, Corporation Counsel ( Stanley Buchsbaum of counsel), for appellant.

Stanley Greenbaum, respondent in person.

Per Curiam.

Plaintiff, a taxi driver, was erroneously summoned by the New York City Taxi and Limousine Commission to appear before it to answer a passenger's complaint. He was thereby caused to lose a day's earnings, for which he has been granted judgment. The investigatory function of the commission is for the public benefit, and the issuance of a summons by the commission involves a semijudicial function and the exercise of discretion. The commission is immune from liability for the erroneous exercise of such a power ( Gross v. State of New York, 33 A.D.2d 868, 869; see, also Gregoire v. Biddle, 177 F.2d 579, 581).

The judgment should be reversed, without costs, and complaint dismissed.

Concur — MARKOWITZ, P.J., QUINN and LUPIANO, JJ.

Judgment reversed, etc.