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TOWN OF PELHAM v. CITY OF MOUNT VERNON

278 A.D. 79 (1951)

Town of Pelham, Plaintiff, v. City of Mount Vernon, Defendant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 26, 1951.

Attorney(s) appearing for the Case

Emanuel Schwartz for plaintiff.

Harold Borgwald, Corporation Counsel (Walter B. Solinger II, of counsel), for defendant.

CARSWELL, ADEL, WENZEL and MacCRATE, JJ., concur in Per Curiam opinion; NOLAN, P. J., dissents, with opinion.

Per Curiam.

This submitted controversy concerns the extent of the shares of the parties in the cost of maintenance and repair of a bridge across the Hutchinson River, a navigable stream. The bridge connects the Town of Pelham with the City of Mount Vernon, and was built by the County of Westchester in 1916, on condition that the two municipalities agree to pay for its operation...

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