UTNICKI v. CITY OF NEW YORK


285 A.D. 1069 (1955)

Catherine Utnicki, as Administratrix of The Estate of Stanley Utnicki, Deceased, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 11, 1955.


Appellant does not dispute respondent's assertion that she and her young child have been depending upon neighbors and friends for clothing and food, and that she has no means, no income, no relatives who can assist her, and is unable to work because of the necessity for care of her child. This constitutes destitution, notwithstanding that respondent is not on relief. Therefore, the granting of the preference herein was a proper exercise...

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