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Claim of McEwan v. City of New York

304 N.Y. 628 Court N.Y. Decision date 1952-06-06 English

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p. 628
In the Matter of the Claim of William McEwan, Appellant, against City of New York, Respondent.
Argued May 27, 1952;
decided June 6, 1952.
p. 629
Adolph Koeppel and Martin Koeppel for appellant.
Denis M. Hurley, Corporation Counsel (Fred Isool and Seymour B. Quel of counsel), for respondent.

Order affirmed, without costs; no opinion.

Concur: Loughban, Ch. J., Lewis, Desmond and Dye, JJ. Fuld and Froessel, JJ., dissent and vote to reverse the order of the Appellate Division and affirm the order of the Special Term, upon the ground that, under the circumstances of this issue, it was an abuse of discretion to refuse to permit the filing of the claim. Not sitting: Conway, J.