Vaughan v. City of Troy

124 N.Y.S. 1133 Court N.Y. App. Div. Decision date 1910-06-29 English

Decision Majority — PER CURIAM. · Dissent — SMITH, P. J., and HOUGHTON, J.,

Contents

p. 1133

VAUGHAN, Appellant, v. CITY OF TROY, Respondent.

(Supreme Court, Appellate Division, Third Department.

June 29, 1910.)

Headnote

Action by Theresa L. Vaughan against the City of Troy.

Interlocutory judgment affirmed, and demurrer sustained, with costs, with leave to plaintiff to serve amended complaint within 20 days on payment of costs in this court and in the court below.

dissent, on the ground that the statute does not apply to the situation pleaded in the complaint.