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MATTER OF CORP. COUNSEL OF THE CITY OF NEW YORK v. SMITH

1 N.Y.2d 813 (1956)

In the Matter of the Corporation Counsel of the City of New York, Respondent, v. James E. Smith et al., Appellants, and Henry Bentele et al., Respondents.

Court of Appeals of the State of New York.

Decided May 31, 1956.

Attorney(s) appearing for the Case

Rachel B. Backer for James E. Smith and others, appellants.

Bruce McM. Wright and Thomas G. Weaver for Norman W. Robinson, appellant.

Peter Campbell Brown, Corporation Counsel (Robert E. Hugh and Seymour B. Quel of counsel), for respondent.

Concur: CONWAY, Ch. J., DESMOND, DYE, FULD and FROESSEL, JJ. VAN VOORHIS, J., dissents and votes to affirm. Taking no part: BURKE, J.

Order reversed and motion denied upon the ground that there is no statutory authority for the order appealed from...

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