Camarco Construction Co. v. Barker

Appellate Division of the Supreme Court of New York

Camarco Construction Co. v. Barker

230 A.D. 788

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

DecidedSeptember 15, 1930

StatusPublished

This text of 230 A.D. 788 (Camarco Construction Co. v. Barker) 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

Camarco Construction Co. v. Barker, 230 A.D. 788 (N.Y. Ct. App. 1930).

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Opinion

Peremptory mandamus order reversed upon the law and the facts, without costs, and motion denied, without costs, without prejudice to such other remedy as the facts may warrant. The issuance of a mandamus order is within the discretion of the court. Under the facts here presented, this court is of opinion that it was an abuse of discretion to grant the order. Lazansky, P. J., Rich, Young, Scudder and Tompkins, JJ., concur.

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Peremptory mandamus order reversed upon the law and the facts, without costs, and motion denied, without costs, without prejudice to such other remedy as the facts may warrant. The issuance of a mandamus order is within the discretion of the court. Under the facts here presented, this court is of opinion that it was an abuse of discretion to grant the order. Lazansky, P. J., Rich, Young, Scudder and Tompkins, JJ., concur.

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Bluebook (online)

230 A.D. 788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/camarco-construction-co-v-barker-nyappdiv-1930.