Smith v. City of Troy

Full title: JOHN A. SMITH, Appellant, v. CITY OF TROY, Respondent

Court: Court of Appeals of the State of New York

Date published: Oct 15, 1981

429 N.E.2d 425 (N.Y. 1981)

429 N.E.2d 425

444 N.Y.S.2d 918

Opinion

Argued September 15, 1981

Decided October 15, 1981

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HAROLD J. HUGHES, J.

Jerome K. Frost for appellant.

Donald C. Bowes, Corporation Counsel (Donald J. Shanley of counsel), for respondent.

Order affirmed, with costs. We cannot say as a matter of law that the Appellate Division abused its discretion.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.