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COHEN v. CITY OF NEW YORK

42 Misc.2d 871 (1964)

Nancy C. Cohen, Respondent, v. City of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

April 22, 1964

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Seymour B. Quel, Alfred Weinstein and Irwin L. Herzog of counsel), for appellant. Theodore Brooks and Jerome D. Cohen for respondent.

BROWN, J., concurs with McDONALD, J.; BENJAMIN, J., dissents in opinion.

MILES F. McDONALD, J.

This is an action to recover for services rendered by plaintiff as a "Clerk to Justice", to which title she was appointed by Hon. HAROLD J. McLAUGHLIN, Judge of the Civil Court of the City of New York (formerly President-Justice of the Municipal Court of the City of New York).

The facts are not in dispute. On December 7, 1962, plaintiff was appointed by Judge McLAUGHLIN to fill an existing vacancy

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