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BRENNAN v. CITY OF NEW YORK

201 Misc. 162 (1952)

James J. Brennan, Appellant, v. City of New York, Respondent.

Supreme Court, Appellate Term, First Department.

January 3, 1952.

Attorney(s) appearing for the Case

Charles Belous and Irving Lemov for appellant.

Denis M. Hurley, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for respondent.

HAMMER and HOFSTADTER, JJ., concur in Per Curiam opinion; EDER, J., dissents in opinion.

Per Curiam.

This appeal and the decision below are controlled by section 93c-2.0 of the Administrative Code of the City of New York as construed by Pisciotta v. City of New York (275 App. Div. 966 [2d Dept.], affd. 300 N.Y. 664, motion to amend remittitur granted 300 N.Y. 755, certiorari denied 340 U.S. 825); and also by Lupo v. Board of Transp. of City of N. Y. (

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