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COMERESKI v. CITY OF ELMIRA

308 N.Y. 248 (1955)

Bernard Comereski, Appellant, v. City of Elmira et al., Respondents.

Court of Appeals of the State of New York.

Decided February 24, 1955

Attorney(s) appearing for the Case

Donald H. Monroe for appellant.

Harry Moseson for City of Elmira Parking Authority, respondent.

CONWAY, Ch. J., DYE and BURKE, JJ., concur with DESMOND, J.; FROESSEL, J., concurs in a separate opinion; FULD, J., dissents in an opinion in which VAN VOORHIS, J., concurs in a separate memorandum.

DESMOND, J.

Plaintiff, as a taxpayer in the city of Elmira, sues for a judgment which would declare invalid a contract between the city and the Elmira Parking Authority, the latter being a public benefit corporation organized, in 1948, pursuant to a special act which is title 9 of article 7 of the Public Authorities Law. The general purpose of the authority, whose members are appointed by the Mayor of Elmira,...

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