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McAvoy v. Kings County

34 N.Y.S. 1024 Court N.Y. Gen. Term Decision date 1895-07-26 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1024
McAVOY v. KINGS COUNTY et al.
(Supreme Court, General Term, Second Department.
July 26, 1895.)

Headnote

Appeal from circuit court, Kings county.
Action by John McAvoy against the counties of Kings and Queens. Plaintiff was nonsuited, and appeals. Affirmed.
Argued before BROWN, P. J., and DYKMAN and PRATT, JJ.
Wm. H. Law, for appellant.
George F. Elliott, for respondent Kings county.
F. H. Van Vechten, for respondent Queens county.

The counsel for the respective parties to this action have stipulated that the issues involved in the appeal in this action are identical with the issues involved in the case of Ahem v. Kings Co., 34 N. Y. Supp. 1023 , and requested the general term to dispose of the appeal in this action in the same way as it may dispose of the appeal in the Case of Ahem. As the judgment in the action of Ahern has been affirmed at this term, so the judgment in this action of McAvoy must be affirmed according to the stipulation, with costs. All concur.