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TOWN OF PELHAM v. CITY OF MOUNT VERNON

304 N.Y. 15 (1952)

Town of Pelham, Respondent, v. City of Mount Vernon, Appellant.

Court of Appeals of the State of New York.

Decided April 17, 1952

Attorney(s) appearing for the Case

Harold Borgwald, Corporation Counsel (William Macy, Walter B. Solinger, II, and Louis R. Pagano of counsel), for appellant.

Emanuel Schwartz, Town Attorney, for respondent.

CONWAY, DYE and FROESSEL, JJ., concur with LEWIS, J.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and FULD, J., concur.

LEWIS, J.

A controversy between the plaintiff-appellant, Town of Pelham, and the defendant-respondent, City of Mount Vernon, was submitted to the Appellate Division on an agreed statement of facts. (Civ. Prac. Act, §§ 546-548.) Upon that submission a nonunanimous order of the Appellate Division directed judgment in favor of the plaintiff. The case comes to us upon appeal by the defendant as of right....

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