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CAHN v. TOWN OF HUNTINGTON

29 N.Y.2d 451 (1972)

Richard C. Cahn, Respondent, v. Town of Huntington, Appellant.

Court of Appeals of the State of New York.

Decided January 13, 1972.

Attorney(s) appearing for the Case

Jerome P. Wallin and Nicolas LaCarrubba for appellant.

Richard C. Cahn, respondent in person.

Judges BURKE, SCILEPPI, BERGAN and BREITEL concur with Judge JASEN; Chief Judge FULD and Judge GIBSON dissent and vote to reverse on the dissenting opinion at the Appellate Division.

JASEN, J.

This is an action to recover the reasonable value of legal services performed by plaintiff as attorney for the Planning Board of the Town of Huntington in litigation instituted against the Planning Board by the Town Board of Huntington.

The Town Board, in January, 1969, commenced an article 78 proceeding to prohibit the Planning Board and the Chairman it designated from interfering with the...

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