Legal Opinion · Dissent

Town of Pelham v. City of Mount Vernon

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 1951Published

1DissentNolan, P. J.

The bridge which is the subject of this controversy was constructed by the County of Westchester at county expense, but upon condition that the cost of operation and maintenance should be borne by the city and the town. Plaintiff and defendant agreed to assume this liability by resolutions adopted in 1914. The resolution adopted by *86plaintiff’s town board authorized the supervisor and town clerk of the town to enter into a contract with the defendant and the county for maintaining and repairing the bridge after construction. That adopted by defendant provided- that if the county should…

2Cases cited12 opinions

  1. Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
  2. New York City Employees' Retirement System v. EliotNew York Court of Appeals · 1935
  3. Markey v. . County of QueensNew York Court of Appeals · 1898
  4. Holroyd v. . Town of Indian LakeNew York Court of Appeals · 1905
  5. Flynn v. . HurdNew York Court of Appeals · 1889

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