Knox v. Town of Gravesend — 69 N.Y. St. Rep. 453

Majority

p. 453

Leonard Knox, Resp’t v. Town of Gravesend, App’lt.

(Supreme Court, General Term, Second Department,

Filed July 26, 1895.)

Headnote

Appeal from a judgment in favor of plaintiff.

Hubbard & Rushmore, for app’lt ; Grout, De Fere & Mayer, for Tesp’t.

This action is of the same character as that of Morson v. Town of Gravesend, 69 St. Rep. 450 . Following the view there expressed, we should reverse the judgment and dismiss the complaint. But the appellant concedes an indebtedness to the plaintiff of $180, and a liability upon the part of the defendant therefor. The judgment must therefore be reduced to that amount and, so modified, is affirmed, without costs.

All concur.