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MICHALOWSKI v. EY

7 N.Y.2d 71 (1959)

Walter Michalowski, Appellant-Respondent, v. Frederick J. Ey, Office of Property Custodian, Nassau County Police Department, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

Clinton P. Sheehy for appellant-respondent.

G. Burchard Smith, County Attorney (Harold E. Collins of counsel), for respondent-appellant.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.

FULD, J.

The plaintiff Michalowski instituted this action some years ago in order to procure the return of an automobile and damages for its wrongful detention. The case was previously here in 1958, on which occasion we reversed the Appellate Division's dismissal of the complaint and stated that "the plaintiff is entitled to recover both possession of the car and damages...

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