Christian v. Village of Herkimer

Full title: MALCOLM CHRISTIAN, Appellant, v. VILLAGE OF HERKIMER, Respondent

Court: Court of Appeals of the State of New York

Date published: Nov 13, 1958

155 N.E.2d 122 (N.Y. 1958)

155 N.E.2d 122

181 N.Y.S.2d 212

Opinion

Argued October 8, 1958

Decided November 13, 1958

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EUGENE F. SULLIVAN, J.

Phillip T. Young and Andrew J. Moore for appellant.

Philip D. O'Donnell for respondent.

Judgment affirmed, without costs; no opinion.

Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE; Judge FULD dissents and votes to reverse for the reasons stated by Presiding Justice McCURN in his dissenting opinion in the Appellate Division.