City of Rochester v. Kapell — 177 N.Y. 533

Majority

p. 533

The City of Rochester, Respondent, v. George A. Kapell, Appellant, Impleaded with Others.

Headnote

City of Rochester v. Kapell, 86 App, Div. 334 , affirmed.

(Argued December 3, 1903;

decided December 18, 1903.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 16, 1903; affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

p. 534

J. P. Varnum for appellant.

William A. Sutherland for respondent.

Judgment affirmed, with costs, on opinion below.

Concur : Gray, O’Brien, Martin and Werner, JJ. Not voting: Parker, Ch. J., Bartlett and Cullen, JJ.