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MATTER OF CORWIN v. FARRELL

303 N.Y. 61 (1951)

In the Matter of Samuel W. Corwin et al., Appellants, v. Thomas F. Farrell et al., Constituting The New York City Housing Authority, et al., Respondents.

Court of Appeals of the State of New York.

Decided July 11, 1951

Attorney(s) appearing for the Case

Sanford Solarz for appellants.

Irving Wise, Gerald J. Carey and Abram Rothfeld for respondents.

CONWAY, DESMOND and DYE, JJ., concur with FROESSEL, J.; LOUGHRAN, Ch. J., LEWIS and FULD, JJ., dissent and vote to reverse the order appealed from and to grant the relief prayed for in the petition upon the authority of Matter of Turel v. Delaney (285 N.Y. 16).

FROESSEL, J.

The basic question in this article 78 proceeding is whether respondents, the New York City Housing Authority and the members thereof, acted legally in dismissing the seven appellants from their civil service positions as title examiners, after the Authority had entered into contracts with a private abstract company to perform title examination work.

Appellants, as a result of open competitive...

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