City of Buffalo v. Eastern Steamship Co.

Order reversed on the law and the facts, with ten dollars costs and disbursements, and complaint dismissed, with ten dollars costs. Memorandum: We find that the court erred in matter of discretion. (See Wheeler v. Duell, 230 App. Div. 392.) All concur, except Crosby, J., who dissents and votes for affirmance. (The order restores the case to the trial calendar in an action to recover charges for use of dock.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Taylor, JJ.