Smith v. City of Troy — 54 N.Y.2d 890

Majority

p. 890

John A. Smith, Appellant, v City of Troy, Respondent.

Argued September 15, 1981;

decided October 15, 1981

p. 891

APPEARANCES OF COUNSEL

Jerome K. Frost for appellant.

Domdd C. Bowes, Corporation Counsel (Donald J. Shanley of counsel), for respondent.

OPINION OF THE COURT

Order affirmed, with costs. We cannot say as a matter of law that the Appellate Division abused its discretion.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.