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Palladino v. Mayor of New York

35 N.Y. St. Rep. 990 Court N.Y. Gen. Term Decision date 1890-12-29 English

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Majority

p. 990
Joseph Palladino, Resp’t, v. The Mayor, etc., of the City of New York, App’lt.
(Supreme Court, General Term, First Department,
Filed December 29, 1890.)

Headnote

Contract—When explicit, its provisions must control recovery.
The decision (in the former appeal in this action, reported in 31 N. Y. State Rep., 775, reaffirmed.
Appeal from judgment entered on verdict, etc.
W. H. Clark, for app’lt; L. L. Kellogg, for resp’t

The involved being the same as on the previous appeal in this case, for the reasons stated in the opinion rendered in Palladino v. The Mayor, decided May, 1890, 31 N. Y. State Rep., 775, the judgment appealed from should be affirmed.

Van Brunt, P. J., Bartlett and Barrett, JJ., concur.