New York Court of Appeals

In the Matter of John J. Walsh, Respondent, Against Fiorello H. LaGuardia, as Mayor of the City of New York…

January 8, 1936269 N.Y. 437

Summary

The Court of Appeals reversed the Appellate Division's mandamus order directing the Mayor and Police Commissioner to stop illegal bus operations, holding that mandamus is not the proper remedy for preventing third‑party violations and that the appropriate relief would be an injunction after hearing the affected parties. The Special Term's denial of the petition was affirmed.