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ROGERS v. ASSN. FOR HELP OF RETARDED CHILDREN

308 N.Y. 126 (1954)

Clifford T. Rogers et al., Appellants, v. Association for the Help of Retarded Children, Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 31, 1954

Attorney(s) appearing for the Case

Daniel F. Kelley for appellants.

John F. Mulvey, Village Attorney, for Village of Pelham Manor, amicus curiæ, in support of appellants' position.

John J. O'Neil for respondent.

DESMOND, DYE and FROESSEL, JJ., concur with LEWIS, Ch. J.; CONWAY, J., dissents in an opinion in which FULD and VAN VOORHIS, JJ., concur.

LEWIS, Ch. J.

The plaintiffs are owners of residential properties in the village of Pelham Manor, Westchester County, which are located either contiguous to, or in the immediate vicinity of, improved property known as No. 975 Split Rock Road, owned by the defendant corporation. The purposes for which the defendant corporation was organized are "To voluntarily assist the slow and mentally retarded child and to...

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