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MATTER OF CORRIGAN v. JOSEPH

304 N.Y. 172 (1952)

In the Matter of Michael Corrigan, Individually and as President of The Structure Maintainers and Structure Maintainer Helpers Association and for the Members Thereof Similarly Situated, et al., Appellants, v. Lazarus Joseph, as Comptroller of The City of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 29, 1952

Attorney(s) appearing for the Case

Roy P. Monahan, Sidney A. Fine, Bernard A. Abrashkin, Herman E. Cooper and Morris Weissberg for James J. Connelly and others, appellants.

Samuel Resnicoff for Michael Corrigan and others, appellants.

Denis M. Hurley, Corporation Counsel (W. Bernard Richland of counsel), for respondents.

LOUGHRAN, Ch. J., DESMOND, DYE and FROESSEL, JJ., concur with LEWIS, J.; FULD, J., dissents in opinion; CONWAY, J., not sitting.

LEWIS, J.

The petitioners-appellants are employed by the Board of Transportation of the City of New York in various capacities having to do with the maintenance and repair of facilities of the municipally owned subway, surface and elevated railway lines. The character of their work is manual and mechanical including carpentry, masonry, plumbing, welding, metal working and other skilled trades. Prior to July 1...

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