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McEWAN v. CITY OF NEW YORK

304 N.Y. 628 (1952)

In the Matter of the Claim of William McEwan, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 6, 1952

Attorney(s) appearing for the Case

Adolph Koeppel and Martin Koeppel for appellant.

Denis M. Hurley, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and DYE, JJ. Dissent: FULD and FROESSEL, JJ.

Order affirmed, without costs; no opinion.

FULD and FROESSEL, JJ., dissent and vote to reverse the order of the Appellate Division and affirm the order of the Special Term, upon the ground that, under the circumstances of this issue, it was an abuse of discretion to refuse to permit the filing of the claim. Not sitting...

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