MAGLIO v. CITY OF NEW YORK


15 A.D.2d 197 (1961)

Anthony E. Maglio, Appellant, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 27, 1961.


Attorney(s) appearing for the Case

Solomon A. Klein for appellant.

Leo A. Larkin, Corporation Counsel (Seymour B. Quel and Fred Iscol of counsel), for respondent.

NOLAN, P. J., BELDOCK and KLEINFELD, JJ., concur with CHRIST, J.; PETTE, J., dissents in opinion.


CHRIST, J.

The order under review granted the defendant city's motion for judgment on the pleadings, pursuant to rule 112 of the Rules of Civil Practice, and denied plaintiff's motion for summary judgment, pursuant to rule 113 of said rules.

Plaintiff, a City Magistrate, seeks to be reimbursed for counsel fees allegedly incurred in a proceeding to remove him from office. The basis of his claim is section...

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