Appellate Terms of the Supreme Court of New York, 1973

Greenbaum v. Comptroller of New York

Appellate Terms of the Supreme Court of New York · Decided January 25, 1973

72 Misc. 2d 550; 340 N.Y.S.2d 334; 1973 N.Y. Misc. LEXIS 2274

Counsel

Norman Redlich, Corporation Counsel (Stanley Buchsbaum of counsel), for appellant. Stanley Greenbaum, respondent in person.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.