General

Arthur W. Davenport, Appellant, v. City of Buffalo et al., Respondents

283 A.D. 1004·New York Supreme Court, Appellate Division·1954·NY

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Opinion

Arthur W. Davenport, Appellant, v. City of Buffalo et al., Respondents. [MAJORITY] Judgment and orders affirmed, with costs. Memorandum: We think the case of Denihan Enterprises V. O’Dwyer (302 N. V. 451) is not controlling in this case. All concur. (Appeal from a judgment dismissing plaintiff’s complaint in an injunction action; also appeal from an order denying plaintiff’s motion to strike out portions of defendants’ answer and granting defendants’ motion to dismiss, and from an order denying plaintiff’s motion for a temporary injunction.) Present — McCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.