All-State Credit Corp. v. McMahon

Appellate Division of the Supreme Court of New York

All-State Credit Corp. v. McMahon

37 A.D.2d 779, 325 N.Y.S.2d 296, 1971 N.Y. App. Div. LEXIS 3406

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 27, 1971

StatusPublished

Cited by1 cases

This text of 37 A.D.2d 779 (All-State Credit Corp. v. McMahon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

All-State Credit Corp. v. McMahon, 37 A.D.2d 779, 325 N.Y.S.2d 296, 1971 N.Y. App. Div. LEXIS 3406 (N.Y. Ct. App. 1971).

Pincite

Opinion

In a proceeding pursuant to article 78 of the CPLR in the nature of mandamus to compel respondent to remit moneys collected upon income executions issued to him by petitioner, the appeal is from an order of the Supreme Court, Westchester County, dated June 9, 1970, which denied the application. Order affirmed, without costs. The remedy in the nature of mandamus is a discretionary one that will be granted to prevent a failure of justice, but never to promote a manifest injustice or to compel compliance with the strict letter of the law in disregard of its spirit and in aid of a palpable fraud (People ex rel. Wood v. Board of Asesssors, 137 N. Y. 201). Hopkins, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In a proceeding pursuant to article 78 of the CPLR in the nature of mandamus to compel respondent to remit moneys collected upon income executions issued to him by petitioner, the appeal is from an order of the Supreme Court, Westchester County, dated June 9, 1970, which denied the application. Order affirmed, without costs. The remedy in the nature of mandamus is a discretionary one that will be granted to prevent a failure of justice, but never to promote a manifest injustice or to compel compliance with the strict letter of the law in disregard of its spirit and in aid of a palpable fraud (People ex rel. Wood v. Board of Asesssors, 137 N. Y. 201). Hopkins, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 779, 325 N.Y.S.2d 296, 1971 N.Y. App. Div. LEXIS 3406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/all-state-credit-corp-v-mcmahon-nyappdiv-1971.

Opinion

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