Morrison v. City of New York — 255 A.D. 839

Majority

p. 839

Lenore E. Morrison, Individually and as Executrix, etc., of Ann Eliza Morrison, Deceased, Respondent, v. The City of New York, Appellant, Impleaded with Others, Defendants.

Since the complaint asks that the alleged illegal payment be restored to the treasury of the city of New York, we thinly that the city is a proper party if not a necessary one. Order, so far as appealed from, unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant-appellant to answer within ten days after service of order upon payment of said costs. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.