Matter of City of New York

Full title: In the Matter of the Application of THE CITY OF NEW YORK, Respondent…

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

Date published: Jun 1, 1916

174 App. Div. 853 (N.Y. App. Div. 1916)

Opinion

June, 1916.

Present — Clarke, P.J., McLaughlin, Scott, Smith and Page, JJ.; McLaughlin and Smith, JJ., dissented.

PER CURIAM:

The order is reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs, on the authority of Carlisle v. Barnes, No. 1 ( 102 App. Div. 573; appeal dismissed, 183 N.Y. 567) and Ransom v. Cutting ( 112 App. Div. 150; affd., 188 N.Y. 447).

McLAUGHLIN, J. (dissenting):

I dissent on the authority of McCoy v. Gas Engine Power Co. ( 152 App. Div. 642; affd., 208 N.Y. 631). The attorney agreed, in effect, that he would pay the respondent's fees and other disbursements. Smith, J., concurred.

Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.