Appellate Division of the Supreme Court of New York, 1954

Tjersland v. Brennan

Tjersland v. Brennan
Appellate Division of the Supreme Court of New York · Decided January 13, 1954
283 A.D. 694
Tjersland v. Brennan

Opinion of the Court

Order unanimously affirmed, with $20 costs and disbursements to the respondents on the authority of Matter of Aliotta V. Finegan (252 App. Div. 855). There is cogent argument for a policy contrary to that applied in the Aliotta ease. However, there is no way of distinguishing the case and the commission shows no reason why it could not have obtained corrective legislation or regulation since the decision in the Aliotta case in 1937. Present — Peek, P. J., Dore, Cohn, Breitel and Bastow, JJ. [See post, p. 793.]

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