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McCARTHY v. ARMSTRONG

23 Misc.2d 912 (1960)

Henry L. McCarthy, as Commissioner of Welfare of the City of New York, as Assignee of Annie L. Kirkland, Appellant, v. Neville Armstrong et al., Respondents.

Supreme Court, Appellate Term, First Department.

April 21, 1960.

Attorney(s) appearing for the Case

Charles H. Tenney, Corporation Counsel (Seymour B. Quel and Beatrice Shainswit of counsel), for appellant. Joseph Schutzman for respondents.

Concur — STEUER, J. P., HOFSTADTER and HECHT, JJ.

Per Curiam.

The plaintiff was entitled to recovery of all overcharges from July 1, 1956 to June 30, 1957, since the 1957 amendment is applicable to rights which accrued prior to its enactment but which had not expired when it became effective. In accordance with the legislative intent, the period of limitation must be construed to have been extended to two years from the date of the occurrence of the violation (see...

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