Home/Appellate Terms of the Supreme Court of New York/Greenbaum v. Comptroller of New York

Greenbaum v. Comptroller of New York

72 Misc. 2d 550, 340 N.Y.S.2d 334, 1973 N.Y. Misc. LEXIS 2274
CourtAppellate Terms of the Supreme Court of New York
DecidedJanuary 25, 1973
StatusPublished

This text of 72 Misc. 2d 550 (Greenbaum v. Comptroller of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenbaum v. Comptroller of New York, 72 Misc. 2d 550, 340 N.Y.S.2d 334, 1973 N.Y. Misc. LEXIS 2274 (N.Y. Ct. App. 1973).

Opinion

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 semijudiciál 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.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Gregoire v. Biddle
177 F.2d 579 (Second Circuit, 1949)

Cite This Page — Counsel Stack

Bluebook (online)
72 Misc. 2d 550, 340 N.Y.S.2d 334, 1973 N.Y. Misc. LEXIS 2274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenbaum-v-comptroller-of-new-york-nyappterm-1973.