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MATTER OF KLEIN (LARNER)

309 N.Y. 474 (1956)

In the Matter of Abe Klein, Appellant. Samuel A. Larner, Respondent.

Court of Appeals of the State of New York.

Decided January 12, 1956

Attorney(s) appearing for the Case

Solomon Roshevsky for appellant.

Bertram H. Siegeltuch and Walter M. Weisberg for respondent.

FROESSEL, VAN VOORHIS and BURKE, JJ., concur with CONWAY, Ch. J.; DESMOND, J., dissents in an opinion in which FULD, J., concurs; DYE, J., taking no part.

CONWAY, Ch. J.

The material facts are not in dispute. Appellant, through his company the Hudson City Contracting Company, Inc., contracted to remove garbage from Jersey City, New Jersey. Pursuant to that agreement the company removed garbage from January 1, 1953, through February 15, 1953, when the contract was adjudged to be null and void by a judgment of the Superior...

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