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MTR. OF FRAZIER-DAVIS CONSTR. v. GEROSA

6 A.D.2d 112 (1958)

In the Matter of Frazier-Davis Construction Co., Respondent, v. Lawrence E. Gerosa, as Comptroller of The City of New York, Appellant

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

July 1, 1958.

Attorney(s) appearing for the Case

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

John P. McGrath of counsel (Jeremiah M. Evarts, Denis B. Sullivan and Martin H. Proyect with him on the brief; Hodges, Reavis, McGrath & Downey, attorneys), for respondent.

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

STEVENS, J.

This is an appeal in an article 78 proceeding from an order of Special Term which granted a motion to compel the comptroller to make payments of certain sums claimed to be unlawfully withheld from the petitioner and denied a motion by the respondent-appellant to dismiss the petition for legal insufficiency.

The sole question for review is whether the comptroller of this city has the authority...

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