Gaynor v. Village of Port Chester

Full title: PHILIP B. GAYNOR, Appellant, v. VILLAGE OF PORT CHESTER, Respondent

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 1, 1919

188 App. Div. 975 (N.Y. App. Div. 1919)

Opinion

June, 1919.

Judgment affirmed, with costs. No opinion. Rich, Putnam and Jaycox, JJ., concurred. Blackmar, J., dissented upon the ground that the learning of Wakefield v. Brophy ( 67 Misc. Rep. 298; affd., sub nom. Wakefield v. Gaynor, 144 App. Div. 905; affd., 207 N.Y. 772) does not apply, inasmuch as the express statute has declared the claim is for a village purpose; with whom Jenks, P.J., concurred.