MAGLIO v. CITY OF NEW YORK


12 N.Y.2d 939 (1963)

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

Court of Appeals of the State of New York.

Decided January 23, 1963.


Attorney(s) appearing for the Case

Eugene Gold, Solomon A. Klein and William W. Kleinman for appellant.

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

Concur: Judges DYE, FULD, BURKE and FOSTER. Chief Judge DESMOND and Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse.


Judgment affirmed, without costs, upon the ground that plaintiff was not "a successful party" within the intent and meaning of the statute and the underlying constitutional provision. We pass upon no other question...

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