Adjudged that the petition is granted, without costs or disbursements, the order dated January 17, 2003, is vacated, and the matter is remitted to the Supreme Court, Orange County, for a rehearing and review before a jury.
The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act and only when there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.