Opinion
Argued October 21, 1932
Decided November 22, 1932
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Clayton M. Smith and Fred Van Aernam for appellant.
Walter J. Davison for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed, and complaint dismissed, with costs in all courts, on the authority of Hamilton v. City of Buffalo ( 173 N.Y. 72); Butler v. Village of Oxford ( 186 N.Y. 444); Terry v. Village of Perry ( 199 N.Y. 79); Lalor v. City of New York ( 208 N.Y. 431). No opinion.
Concur: LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ. Dissenting: POUND, Ch. J., and CRANE, J. Not sitting: CROUCH, J.