113 Misc. 527 | N.Y. Sup. Ct. | 1920
The relator seeks a peremptory mandamus requiring the respondent, a justice of the City Court of the city of New York, to sign, issue and deliver to the relator a precept initiating a summary proceeding based upon the ground that the tenant was holding over after the expiration of his term. Prior to making this motion for a mandamus the relator applied to the respondent for such a precept, which was refused on the ground that the proceeding proposed by the relator was mot one of those authorized and provided by chapter 942 of the Laws of 1920. The motion is opposed by the corporation counsel on behalf of the respondent, and by the attorney-general, by special deputy attorneys-general, and by counsel for the joint legislative committee on housing. The briefs devote attention chiefly to the constitutionality of the statute above referred to, which, with other related statutes, popularly known as the Rent and Housing Laws, being chapters 942 to 953 of the Laws of 1920, were enacted at an extraordinary session of the legislature on September 27,1920. Chapter 942, cited by the respondent justice in denying the application for a precept, suspended, for a period of about two years, in the city of New York, and in cities in counties adjacent thereto, the remedy of summary proceedings to recover pos
Application denied, with fifty dollars costs.