People ex rel. Harway Improvement Co. v. Berry

Motion for leave to appeal to the Court of Appeals granted. Present—Lazansky, P. J., Kapper, Scudder, Tompkins and Davis, JJ. On the court’s own motion, the decision handed down on June 5, 1931, is hereby amended to read as follows: Order denying motion for a peremptory mandamus order unanimously affirmed, with costs, as a matter of law and not in the exercise of discretion, upon opinion of Mr. Justice May at Special Term. Present — Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ.