Wright v. City of Mount Vernon — 167 N.Y. 541

Majority

p. 541

J. Frank Wright, Respondent, v. The City of Mount Vernon, Appellant.

(Argued February 1, 1901;

decided May 10, 1901.)

Headnote

Wright v. City of Mount Vernon, 44 App. Div. 574 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made November 21, 1899, reversing a judgment in favor of defendant entered upon the report of a referee and granting a new trial.

William J. Marshall for appellant.

Milo J. White for respondent.

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

Concur: Parker, Ch. J., Gray, O’Brien, Martin and Vann, JJ. Dissenting: Bartlett, J. Not sitting: Werner, J.