| NY | Jun 18, 1909

Order affirmed, with costs, and question certified answered in the affirmative, on authority of the case of Village of Phœnix v. Gannon (195 N.Y. 471" date_filed="1909-06-18" court="NY" case_name="Village of Phoenix v. . Gannon">195 N.Y. 471).

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, HAIGHT, VANN, WERNER and HISCOCK, JJ.

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