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BRENNAN v. HOUS. AUTH

72 A.D.2d 410 (1980)

Charles Brennan et al., Respondents-Appellants, v. New York City Housing Authority et al., Appellants-Respondents

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

February 7, 1980

Attorney(s) appearing for the Case

Raphael Samuel of counsel (Donald Schatz, attorney), for appellants-respondents.

Murray A. Gordon of counsel (Henry T. Berger and Kenneth E. Gordon with him on the brief; Gordon & Schectman, P. C., attorneys), for respondents-appellants.

MURPHY, P. J., concurs with ROSS, J.; BIRNS, J., concurs in a separate opinion; FEIN and LUPIANO, JJ., dissent in an opinion by LUPIANO, J.

ROSS, J.

We are called upon to determine whether these 36 plaintiffs, all Housing Authority Police Officers of the New York City Housing Authority, are required to vacate their present out-of-State residences and relocate within approved geographical areas of this State. Underlying this analysis is the elusive question of whether the defendant, a subdivision of the municipal corporation may be equitably estopped...

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