The People of the State of New York Ex Rel. William J. Rodgers, Respondent v. Bird S. Coler, as Comptroller of the…

Summary

The Court affirmed the Appellate Division's order granting a mandamus compelling the city comptroller to deliver a payment warrant to the contractor, holding that the Labor Law provisions invoked by the city are unconstitutional and cannot defeat the contractor's right to payment for work performed. The decision also noted that a discretionary grant of mandamus is not subject to appellate review. Two dissenting opinions argued that the statute is constitutional and that the majority erred in ordering payment.