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Gaynor v. Village of Port Chester

188 A.D. 975 Court N.Y. App. Div. English

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Majority

p. 975
Philip B. Gaynor, Appellant, v. Village of Port Chester, Respondent.

Judgment affirmed, with costs. No opinion. Rich, Putnam and Jaycox, JJ., concurred; Blackmar, J., dissented upon the ground that the learning of Wakefield v. Brophy ( 67 Misc. Rep. 298 ; affd., sub nom. Wakefield v. Gaynor, 144 App. Div. 905 ; affd., 207 N. Y. 772 ) does not apply, inasmuch as the express statute[1] has declared the claim is for a village purpose; with whom Jenks, P. J., concurred.

* See Laws of 1911, chap. 513.— [Rep. '