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MORIARTY v. BUTLER BIN CO.

15 N.Y.2d 901 (1965)

Mary E. Moriarty, as Administratrix of The Estate of Gerrard Moriarty, Deceased, Appellant, v. Butler Bin Company et al., Defendants. Hilda G. Schwartz, as Director of Finance of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided March 11, 1965.

Attorney(s) appearing for the Case

Florynce R. Kennedy, Alan Leonard Levy and Judith Levy for appellant.

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

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.

Order affirmed, without costs, in a memorandum. The trial court had jurisdiction to entertain and grant appellant's application for an order directing the city to furnish her as a poor person with a copy of the trial minutes, although on her prior application to the Appellate Division to "proceed as a poor person" (CPLR 1101 [a]) that court had limited the scope of its decision so as not to include a free copy of the minutes. This question was not before the Appellate Division...

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