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AVERY v. O'DWYER

305 N.Y. 658 (1953)

Joseph Avery et al., Respondents, v. William O'Dwyer et al., Individually and on Behalf of The City of New York, Appellants.

Court of Appeals of the State of New York.

Decided April 16, 1953

Attorney(s) appearing for the Case

Denis M. Hurley, Corporation Counsel (John F. Kelly, Seymour B. Quel, James J. Thornton and John L. Radlein of counsel), for appellants appearing specially.

Alvin McKinley Sylvester and Herman E. Gottfried for respondents.

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

Order affirmed, with costs. Question certified answered in the negative...

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