Mairs v. Mayor of New York — 166 N.Y. 618

Majority

p. 618

Charles F. Mairs et al., Appellants, v. The Mayor, Aldermen and Commonalty of the City of New York, Respondent.

Headnote

Mairs v. Mayor, etc., of New York, 52 App. Div. 343 , affirmed.

(Argued March 14, 1901;

decided April 2, 1901.)

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department made June 8, 1900, reversing a judgment in favor of plaintiffs entered upon a verdict directed by the court and granting a new trial.

p. 619

L. Laflin Kellogg and Alfred O. Petté for.appellants.

John Whalen, Corporation Counsel (Theodore Connoly and Terence Farley of counsel), for respondent.

Order affirmed and judgment absolute ordered for defendant on the stipulation, with costs; no opinion.

Concur: Parker, Ch. J., Gray, Martin, Cullen and Werner, JJ. Dissenting: Bartlett and Vann, JJ.