153 N.Y.S. 699 | N.Y. Sup. Ct. | 1915
Application for a peremptory writ of mandamus. The petitioner demands of the comptroller of the city of New York this information: (a) That she may have access to certain garnishee orders against the salaries of city employees on record in the comptroller’s office, and (b) that she may be permitted to take extracts from such records. The sole reason for this unusual application is that the petitioner is a money lender and that this information may be of use to her in the extension of credit to prospective customers. The petition reads: “If the records in the paymaster’s office were open so that I could ascertain just what garnishee orders were on file in the office of the paymaster, I would know whether or not to extend credit. ’ ’ There are now on file in the office of the city paymaster 2,700 garnishee executions. It is asserted on behalf of the city paymaster that this list of garnishee executions is nothing more nor less than a memorandum of persons employed by the city against whom judgments have been obtained; that these lists are made and kept for the sole purpose of facilitating the work of the employees of the city paymaster’s office in making proper deductions from the salaries of city employees. It is significant that neither the relator nor any one else has ever been refused information with respect to a particular execution on file in the city paymaster’s office. Under section 1545 of the Greater New York Charter and section 51 of the General Municipal Law, books and public records are
Motion is denied, with costs.