MATTER OF ALL-STATE CREDIT CORP. v. McMAHON


37 A.D.2d 779 (1971)

In the Matter of All-State Credit Corporation, Appellant, v. Daniel F. McMahon, as Sheriff of Westchester County, Respondent

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

September 27, 1971


Order affirmed, without costs.

The remedy in the nature of mandamus is a discretionary one that will be granted to prevent a failure of justice, but never to promote a manifest injustice or to compel compliance with the strict letter of the law in disregard of its spirit and in aid of a palpable fraud (People ex rel. Wood v. Board of Asesssors,...

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