Maglio v. City of New York

Full title: ANTHONY E. MAGLIO, Appellant, v. CITY OF NEW YORK, Respondent

Court: Court of Appeals of the State of New York

Date published: Jan 23, 1963

188 N.E.2d 789 (N.Y. 1963)

188 N.E.2d 789

238 N.Y.S.2d 515

Opinion

Argued January 16, 1963

Decided January 23, 1963

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE EILPERIN, J.

Eugene Gold, Solomon A. Klein and William W. Kleinman for appellant.

Leo A. Larkin, Corporation Counsel ( Fred Iscol and Seymour B. Quel of counsel), for respondent.

Judgment affirmed, without costs, upon the ground that plaintiff was not "a successful party" within the intent and meaning of the statute and the underlying constitutional provision. We pass upon no other question. No opinion.

Concur: Judges DYE, FULD, BURKE and FOSTER. Chief Judge DESMOND and Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse.