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CHAVERS v. CITY OF MOUNT VERNON

301 N.Y. 634 (1950)

Willimay Chavers, an Infant, by Elleana Chavers, Her Guardian ad Litem, Appellant, v. City of Mount Vernon, Respondent.

Court of Appeals of the State of New York.

Decided July 11, 1950

Attorney(s) appearing for the Case

Garry J. Fury and Ray W. Aylesworth for appellant.

James M. Gilleran and John J. O'Connor for respondent.

Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE and FULD, JJ. FROESSEL, J., dissents in the following opinion in which CONWAY, J., concurs.

Judgment affirmed, without costs, upon the authority of Matter of Martin v. School Bd. (Long Beach) (301 N.Y. 233), decided herewith.

FROESSEL, J. (dissenting).

A somewhat different situation is presented here than in Matter of Martin v. School Bd. (Long Beach) (301 N.Y. 233), decided herewith. There we dealt with the procedure established by section 50-e of the General...

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