Legal Opinion

Reynolds v. President & Trustees of the Village of Ossining

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

Decided March 3, 1905Published

Appeal from Westchester County Court. Action by Pierre Reynolds against the president and trustees of the village of Ossining for services as attorney rendered by plaintiff at the request of the village board of health, claim for which was rejected by the trustees, the auditing board. From a judgment for plaintiff, defendants appeal. Reversed.

1Opinion of the CourtJenks, J.

This action is proper. Port Jervis Water Co. v. Village of Port Jervis, 151 N. Y. 111, 45 N. E. 388. I cannot find in the public health law express authority for the employment of attorneys by the local boards of health. The authorities cited by the learned counsel for the respondent do not sustain his contention. Thus, in Kent v. Village of North Tarrytown, 50 App. Div. 502, 64 N. Y. Supp. 178, the plaintiff rendered services concerning nuisances, and made a map of certain lands under water, and the court held that such information was necessary to the determination of whether there was a…

2Cases cited7 opinions

  1. Port Jervis Water Works Co. v. Village of Port JervisNew York Court of Appeals · 1896
  2. Matter of Taxpayers of PlattsburghNew York Court of Appeals · 1898
  3. Board of Health v. MagillAppellate Division of the Supreme Court of the State of New York · 1897
  4. Kent v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1900
  5. Griffith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902

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