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SPADANUTA v. INC. VILL. OF ROCKVILLE CTR.

15 N.Y.2d 755 (1965)

Anthony Spadanuta, on Behalf of Himself and All Others Similarly Situated, Appellant, v. Incorporated Village of Rockville Centre et al., Respondents.

Court of Appeals of the State of New York.

Decided January 14, 1965.

Attorney(s) appearing for the Case

Jules B. St. Germain for appellant.

Charles G. Ritter for respondents.

Concur: Judges DYE, VAN VOORHIS, BURKE and SCILEPPI. Chief Judge DESMOND dissents and votes to modify in the following opinion in which Judges FULD and BERGAN concur.

Order affirmed, with costs.

Chief Judge DESMOND (dissenting).

Defendant Lister, while Mayor of the defendant village, sold to the village a piece of land and was paid $4,300 therefor. Obviously, and as both courts below unanimously held, this transaction was illegal under former section 332 of the Village Law. Just as obviously the Mayor was, under section 1868 of the Penal Law as it then read, guilty...

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