Fraser v. City of New York — 213 N.Y. 664

Majority

p. 664

Alexander V. Fraser et al., as Executors of Franklin A. Wilcox, Deceased, Appellants, v. The City of New York, Respondent.

(Argued November 23, 1914;

decided December 8, 1914.)

Headnote

Fraser v. City of New York, 156 App. Div. 945 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department,

p. 665

entered June 13, 1913, reversing a judgment in favor of plaintiffs entered upon a verdict and directing a dismissal of the complaint in an action to recover damages alleged to have been sustained by plaintiff by reason of the erection of a temporary building in the street in front of his premises and its use for the storage of fire apparatus.

Herbert Green for appellants.

Frank L. Polk, Corporation Counsel (Terence Farley and William E. C. Mayer of counsel), for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Wit,lard Bartlett, Ch. J., Werner, Hiscock, Chase, Collin, Cuddeback and Miller, JJ.