Duffy v. Rosengarten

Appellate Division of the Supreme Court of New York

Duffy v. Rosengarten

82 A.D.3d 1096, 919 N.Y.2d 359

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

DecidedMarch 22, 2011

StatusPublished

This text of 82 A.D.3d 1096 (Duffy v. Rosengarten) 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

Duffy v. Rosengarten, 82 A.D.3d 1096, 919 N.Y.2d 359 (N.Y. Ct. App. 2011).

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Opinion

[1097]*1097The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Rivera, J.E, Angiolillo, Eng and Sgroi, JJ., concur.

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[1097]*1097The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman, 53 NY2d 12, 16 [1981]). The petitioner has failed to demonstrate a clear legal right to the relief sought. Rivera, J.E, Angiolillo, Eng and Sgroi, JJ., concur.

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Bluebook (online)

82 A.D.3d 1096, 919 N.Y.2d 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duffy-v-rosengarten-nyappdiv-2011.

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