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DeLURY v. CITY OF NEW YORK

48 A.D.2d 595 (1975)

John DeLury, as President of The Uniformed Sanitationmen's Association, Local 831, I.B.T., et al., Respondents, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 11, 1975

Attorney(s) appearing for the Case

Stanley Buchsbaum of counsel (Leonard J. Koerner, Joseph Bruno and Kenneth Wolfe with him on the brief; W. Bernard Richland, Corporation Counsel), for appellants.

Charles G. Moerdler of counsel (Vivienne W. Nearing with him on the brief; Stroock & Stroock & Lavan, attorneys), for respondents.

STEVENS, P. J., CAPOZZOLI and NUNEZ, JJ., concur in Per Curiam opinion; KUPFERMAN and MURPHY, JJ., dissent in opinion by MURPHY, J.

Per Curiam.

This is an appeal from an order of the Supreme Court, Special Term, New York County (TYLER, J.), which was entered on June 27, 1975, granting a preliminary injunction enjoining and restraining the defendants from: (1) dismissing or separating from employment in any way any person who was, on July 1, 1974, employed and who, at the time of the commencement of this action, June 17, 1975, continued to be employed...

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