City of New York v. Linch — 213 N.Y. 638

Majority

p. 638

The City of New York, Appellant and Respondent, v. George W. Linch, as Receiver of The Second Avenue Railroad Company, Respondent and Appellant.

(Argued October 20, 1914;

decided November 10, 1914.)

Headnote

City of N. Y. v. Linch, 161 App. Div. 292 , affirmed

Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 27, 1914, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to recover the cost of repaving between and adjacent ,to the tracks of the Second Avenue Railroad Company. ;

p. 639

Frank L. Polk, Corporation Counsel (Terence Farley and Frank B. Pierce of counsel), for plaintiff, appellant and respondent.

Julien T. Davies and Brainard Tolles for defendant, respondent and appellant.

Judgment affirmed, without costs; no opinion. .

Concur: Willard Bartlett, Ch. J., Werner, Chase, Collin, Hogan, Miller and Cardozo, JJ.

Cases cited

City of New York v. Linch 161 App. Div. 292 N.Y. App. Div. 1914-03-06 p. 638