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ALVES v. CITY OF NEW YORK

282 A.D. 232 (1953)

Anthony Alves et al., Respondents, v. City of New York, Appellant

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

June 30, 1953.

Attorney(s) appearing for the Case

Andrew Bellanca of counsel (Seymour B. Quel and Michael J. Kilcommons with him on the brief; Denis M. Hurley, Corporation Counsel, attorney), for appellant.

William F. Cassin of counsel (Edward J. Barry and Alfred J. Callahan with him on the brief; Cassin & Barry, attorneys), for respondents.

PECK, P. J., GLENNON and BERGAN, JJ., concur; COHN, J., dissents and votes to affirm on the opinion of AURELIO, J., at Trial Term.

DORE, J.

Plaintiffs, 415 custodians of public schools, receiving for their custodial services amounts fixed in defendant's annual budgets for their compensation pursuant to filed schedules, sued defendant, City of New York, to recover for the reasonable value of their extra services rendered to the board of elections of the City of New York between 1943 and 1948 in connection with the use of the public schools...

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