General

John C. Gengenbach, Individually, and as Executor, etc., of Margaret F. Gengenbach, Deceased, Respondent, v. The Village of Elmsford, Appellant

179 A.D. 903·New York Supreme Court, Appellate Division·1917·NY

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Opinion

John C. Gengenbach, Individually, and as Executor, etc., of Margaret F. Gengenbach, Deceased, Respondent, v. The Village of Elmsford, Appellant. Judgment of the County Court of Westchester county reversed, with costs, and cause remitted to said court, with directions to dismiss the complaint, with costs, on the ground that the village had not authority to make the lease under section 128 of the Village Law (Consol. Laws, chap. 64). See Consol. Laws, chap. 64 (Laws of 1909, chap. 64), § 128. Since amd. by Laws of 1911, chaps. 57, 738.— [Rep. [MAJORITY] Jenks, P. J., Stapleton, Rich, Putnam and Blackmar, JJ., concurred.