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BRENNER v. CITY OF NEW YORK

9 N.Y.2d 447 (1961)

Carl N. Brenner et al., Appellants, v. City of New York, Respondent. Richard J. O'Neill, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1961.

Attorney(s) appearing for the Case

Victor J. Herwitz and Murray A. Gordon for appellants in the first above-entitled action.

Murray A. Gordon and Victor J. Herwitz for appellant in the second above-entitled action.

Charles H. Tenney, Corporation Counsel (Edward A. Doberman and Seymour B. Quel of counsel), for respondent.

Chief Judge DESMOND and Judges BURKE and FOSTER concur with Judge DYE; Judge VAN VOORHIS dissents in an opinion in which Judges FULD and FROESSEL concur.

DYE, J.

In the first of the above-entitled actions the plaintiffs, members of the New York City Police Department, sue to recover pay allegedly wrongfully withheld during periods of their suspension, pending trial in Special Sessions, on charges brought against them of alleged violation of section 580 of the Penal Law (conspiracy). Following trial in Special Sessions, the plaintiffs were acquitted. O'Neill, the...

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