May 5, 1954.
Present — McCurn, P.J., Vaughan, Kimball, Piper and Wheeler, JJ.
Judgment and order affirmed, without costs of this appeal to either party. (See Steitz v. City of Beacon, 295 N.Y. 51, and Jennejohn v. City of Rochester, 283 App. Div. 847.) All concur.
Full title:ROSS MIRABITO, Appellant, v. CITY OF FULTON, Respondent
Court:Appellate Division of the Supreme Court of New York, Fourth Department
Date published: May 5, 1954
These cases cited are authority for the rule that liability arises out of a statute only in limited instances…