MATTER OF HARBISON v. City of Buffalo

4 N.Y.2d 553 (1958)

In the Matter of Andrew Harbison, Sr., et al., Respondents,

v.

City of Buffalo et al., Appellants.

Court of Appeals of the State of New York.

Argued February 17, 1958.

Decided June 25, 1958.

Anthony Manguso, Corporation Counsel (William J. Ostrowski of counsel), for appellants.

James J. White for respondents.

Judge BURKE concurs with Judge FROESSEL; Judges DESMOND and FULD concur in result upon the principles stated in People v. Miller (304 N.Y. 105, 108, 109); Judge VAN VOORHIS dissents in an opinion in which Chief Judge CONWAY and Judge DYE concur.

FROESSEL, J.

Petitioner Andrew…