Barry v. Village of Port Jervis — 180 N.Y. 521

Majority

p. 521

John J. Barry, Respondent, v. Village of Port Jervis, Appellant.

Barry v. Village of Port Jervis, 93 App.- Div. 618 , affirmed.

(Argued December 9, 1904;

decided December 30, 1904.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April

p. 522

20, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.

William A. Parshall for appellant.

Frank Lybolt for respondent.

Judgment affirmed, with costs; no opinion.

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