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MATTER OF TOWN OF CHEEKTOWAGA v. CITY OF BUFFALO

67 A.D.2d 812 (1979)

In the Matter of Town of Cheektowaga, Respondent, v. City of Buffalo, Appellant, and Village of Sloan, Respondent

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

January 19, 1979

Judgment insofar as appealed from unanimously reversed, on the law, without costs, and award of damages vacated.

Memorandum:

The question presented on this appeal is whether the City of Buffalo may be held liable for damages suffered by the Town of Cheektowaga as a result of the acts of the city's officers and employees in enforcing a city ordinance which excluded from all city streets except those designated as truck routes "Any truck having a

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