102 Misc. 1 | N.Y. Sup. Ct. | 1917
The petitioner seeks a writ of mandamus for an inspection of the reports of engineers and of other reports, records, papers and documents on file in the office of the commissioner of water supply, gas and electricity relating to the explosion and bursting of a water main which took place in Lafayette street, in the borough of Manhattan, city of New York, on the 21st day of June, 1917,- in front of the petitioner’s premises and which flooded the basement of those premises and caused damage for which it appears, by the opposing affidavit, the petitioner has commenced an action against the city of New York on the ground of the city’s negligence in the construction of the water main referred to. It further appears from the opposing affidavits that the papers which are sought to be examined are reports made by investigators in the department of water supply, gas and electricity, with reference to the subject matter of the action brought by the petitioner against the city, and that prior to the commencement of the action all the papers were transferred from the department of water supply, gas and electricity to the law department, and are now in possession of the corporation counsel for the purpose of defending the pending action. In support of the petition, section 51 of the General Municipal Law, which provides, among other things, as follows: “All books of minutes, entry or account, and the books., bills, vouchers, checks, contracts or other papers connected with or used or filed in the office of, or with any officer,
Motion denied, with costs.