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NEW YORK BITUMINOUS PRODS. CORP. v. TOWN OF GOSHEN

25 A.D.2d 684 (1966)

New York Bituminous Products Corp., Respondent, v. Town of Goshen, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 28, 1966

Judgment and order reversed, without costs, and motion for summary judgment denied.

In our opinion, issues of fact are presented as to whether the order for the tar, given by the town's Superintendent of Highways (the codefendant), was invalid in that it would result in an expenditure of money in excess of budget appropriations; whether the tar was ordered as the result of an emergency; and whether, under all of the facts presented,

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