Riverside Chemical Co. v. City of Niagara Falls

Judgment and order reversed on the law, with costs, and motion denied, without costs. Memorandum: The answer sufficiently raises, in view of the allegations of this complaint, the issue of violation of subdivision 4 of section 44 of the Charter of the City of Niagara Falls (L. 1916, ch. 530). (Ellis v. New York, 1 Daly 102; McDonald v. Mayor, 1 Hun 719, opinion in 4 Thomp. & C., 177, affd. 68 N. Y. 23; Seif v. City of Long Beach, 286 N. Y. 382, 387.) (As to the sufficiency of affirmative defense see Weiskopf v. City of Saratoga Springs, 269 N. Y. 634, revg. 244 App. Div. 417, 420, 421.) Even…