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GREENBAUM v. COMPTROLLER OF CITY OF NEW YORK

72 Misc.2d 550 (1973)

Stanley Greenbaum, Respondent, v. Comptroller of the City of New York, Appellant, and New York City Taxi and Limousine Commission, Defendant.

Supreme Court, Appellate Term, First Department.

January 25, 1973

Attorney(s) appearing for the Case

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

Concur — MARKOWITZ, P. J., QUINN and LUPIANO, JJ.

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 semijudicial function and the exercise of discretion. The commission is immune...

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