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Sweeney v. Ruppert

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1934
241 App. Div. 626 (N.Y. App. Div. 1934)

Opinion

January, 1934.


Partial judgment on the pleadings in plaintiff's favor reversed on the law and the facts, and motion denied, without costs. While we may reasonably conclude that there was no posting or publication of notice of the passage of the resolution providing salaries for the mayor and village trustees, and that sections 86 and 139 of the Village Law were not complied with, from the fact that a special election was held on November 25, 1932, in an attempt to ratify the resolution of April 6, 1931, nevertheless, these allegations of the complaint are denied by the answer, and are questions of fact which must be tried. Lazansky, P.J., Hagarty, Carswell, Scudder and Tompkins, JJ., concur.


Summaries of

Sweeney v. Ruppert

Appellate Division of the Supreme Court of New York, Second Department
Jan 1, 1934
241 App. Div. 626 (N.Y. App. Div. 1934)
Case details for

Sweeney v. Ruppert

Case Details

Full title:WILLIAM J. SWEENEY, a Resident and Taxpayer of the Village of South Floral…

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

Date published: Jan 1, 1934

Citations

241 App. Div. 626 (N.Y. App. Div. 1934)