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MURPHY v. DE REVERE

304 N.Y. 922 (1953)

John B. Murphy et al., Respondents, v. Everett W. De Revere, Jr., Respondent; Salvatore Tarantelli et al., Defendants, and President and Trustees of The Village of Ossining, Appellants.

Court of Appeals of the State of New York.

Decided January 15, 1953

Attorney(s) appearing for the Case

William F. McNulty and Ubaldo N. Marino for appellants.

Donald A. Walsh for New York State Conference of Mayors and Other Municipal Officials, amicus curiæ, in support of appellants' position.

Thomas J. O'Neill, Morton Sokol and Daniel Danziger for plaintiffs-respondents.

Oliver K. King for defendant-respondent.

Concur: LEWIS, CONWAY, DYE and FROESSEL, JJ. LOUGHRAN, Ch. J., DESMOND and FULD, JJ., dissent and vote for reversal of the judgments and dismissal of the complaint.

Judgments affirmed, with costs...

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