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KNIGHT v. GEROSA

4 A.D.2d 176 (1957)

In the Matter of William F. Knight, Doing Business under the Name of Knight Fence Company, Appellant, v. Lawrence E. Gerosa, as Comptroller of The City of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

June 25, 1957.

Attorney(s) appearing for the Case

Nelson Rosenbaum for appellant.

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for respondents.

PECK, P. J., BREITEL, RABIN, VALENTE and BASTOW, JJ., concur.

Per Curiam.

The granting or denial of an application in the nature of mandamus rests largely in the discretion of the court, considering the strength of the position established by petitioner and the availability and adequacy of other remedies (Matter of Coombs v. Edwards, 280 N.Y. 361). In the instant case, payments were made to petitioner pursuant to orders for work performed and after complete clearance of all vouchers by all the agencies of the city...

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