New York Court of Appeals
In the Matter of Nicola S. Brusco v. Richard F. Braun, as Civil Court Judge
December 22, 199484 N.Y.2d 674
Summary
The Court of Appeals affirmed the Appellate Division, holding that RPAPL 732(3) mandates a judge to render judgment in favor of a landlord when a tenant defaults, leaving no discretion to hold an inquest, and therefore mandamus lies to compel the judgment. Justice Ciparick dissented, arguing that rendering judgment is a judicial act not subject to mandamus.