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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Brusco v. Braun, 199 A.D.2d 27 (1993)

Citation
Brusco v. Braun, 199 A.D.2d 27 (1993)
Parent Document
Brusco v. Braun, 199 A.D.2d 27 (1993)
Jurisdiction
New York (state)
Effective Date
1993-12-07

Full Text

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Supreme Court dismissed the petition on the ground that mandamus does not lie to compel performance of a discretionary act (citing Klostermann v Cuomo, 61 NY2d 525, 539). As authority for the proposition that the holding of an inquest upon default in a nonpayment proceeding is discretionary, the court relied on Matter of Park Holding Co. v Arber (145 Misc 2d 39). However, the reasoning of this case is fatally flawed, and its conclusion that inquest is a prerequisite to judgment in every summary proceeding to recover possession of real property is entirely erroneous.