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MATTER OF KAPLAN v. LIPKINS

19 A.D.2d 723 (1963)

In the Matter of Hyman J. Kaplan, Appellant, v. Sidney K. Lipkins et al., Doing Business as Lipkin Kahn Co., et al., Respondents

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

July 1, 1963

Order affirmed, with $10 costs and disbursements.

In our opinion, the petition does not allege facts which establish: (1) that the petitioner has a clear legal right to the relief sought, or (2) that the respondent Commissioner failed or refused to perform a duty enjoined by law (cf. Matter of Ellis v. Dixon, 281 App. Div. 987). Mandamus is a special remedy available to enforce a clear legal right where there is no...

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