People ex rel. Goldowitz v. Karnes — 283 N.Y. 764

Majority

p. 764

The People of the State of New York ex rel. Herman Goldowitz, Respondent, v. Morris Karnes, Appellant.

Argued July 23, 1940;

decided July 24, 1940.

p. 766

I. Maurice Wormser and Leonard Bronner, Jr., for appellant.

Arthur D. Brennan, Chester A. Slocum and James D. Hopkins for respondent.

Order affirmed, without costs; no opinion.

Concur: Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ. Lehman, Ch. J., dissents on the ground that the cases which hold that there can be no casting vote unless there be a tie are based upon statutes which specifically so provide. In this case it appears from a reading of the statute that the Mayor has a casting vote whenever his vote would be a vote that turns the scab (Cf. Oxford Dictionary).