# Mezey Motors, Inc. v. O'Dwyer

> New York Supreme Court · April 26, 1949 · 197 Misc. 227

URL: https://www.frixlaw.com/law-library/cases/5430290

## Case

- **Full name:** Mezey Motors, Inc. v. William O'Dwyer, Constituting the Board of Estimate of the City of New York
- **Court:** New York Supreme Court
- **Decided:** April 26, 1949
- **Citations:** 197 Misc. 227; 97 N.Y.S.2d 67; 1949 N.Y. Misc. LEXIS 3213
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Pecora
- **Judges:** Pecora
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5430290

## Opinion text

Pecora, J.
Motion to dismiss the complaint is denied. The action is not, as movant asserts, one to enjoin the board of estimate from exercising a legislative or governmental power, i.e., condemnation of property. What is sought to be restrained is the execution of a contract with New York Life Insurance Company which will in turn obligate the City of New York to condemn private property under circumstances that will inevitably lead to its acquisition by the insurance company. Plaintiff challenges the legal power of the defendants to enter into such a contract. A court of equity has the power to restrain public bodies and public officers from acting in violation of law. (Blanshard v. City of New York, 262 N. Y. 5 .) A determination of the legality of defendants’ proposed action in executing the contract cannot be made on the basis of the complaint alone. *228 Only after answer will the court be in a position to test the validity of plaintiff’s contentions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5430290. Public record. Not legal advice.