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McCARTHY v. DESMOND

12 Misc.2d 996 (1958)

Henry L. McCarthy, as Commissioner of Welfare of the City of New York, Plaintiff, v. Edward J. Desmond et al., Copartners Doing Business as Desmond & Drury, Defendants.

Supreme Court, Special Term, New York County.

June 24, 1958.

Attorney(s) appearing for the Case

Peter Campbell Brown, Corporation Counsel (Philip Sokol and A. Abramson of counsel), for plaintiff.

Edward J. Ryan for defendants.

FRANCIS X. CONLON, J.

Plaintiff moves for summary judgment. One John J. Scott, a seaman, had instituted an action upon a first cause under the Jones Act (U. S. Code, tit. 46, § 688) and upon a second cause for the recovery of maintenance and cure. The first cause was dismissed. The second cause resulted in judgment for the plaintiff. He had been a recipient of public assistance and on August 6, 1952 had assigned to this plaintiff "All my right, title...

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