Appellate Division of the Supreme Court of New York, 1937

City of Buffalo v. Eastern Steamship Co.

City of Buffalo v. Eastern Steamship Co.
Appellate Division of the Supreme Court of New York · Decided May 12, 1937
251 A.D. 787; 298 N.Y.S. 164; 1937 N.Y. App. Div. LEXIS 7519
City of Buffalo v. Eastern Steamship Co.

Opinion of the Court

Order reversed on the law and the facts, with ten dollars costs and disbursements, and complaint dismissed, with ten dollars costs. Memorandum: We find that the court erred in matter of discretion. (See Wheeler v. Duell, 230 App. Div. 392.) All concur, except Crosby, J., who dissents and votes for affirmance. (The order restores the case to the trial calendar in an action to recover charges for use of dock.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, JJ.

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