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The People of the State of New York Ex Rel. Herman Goldowitz, Respondent, v. Morris Karnes, Appellant
Order affirmed, without costs; no opinion. Concur: Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ. Lehman, Ch. J., dissents on the ground that the cases which hold that there can be no casting vote unless there be a tie are based upon statutes which specifically so provide. In this case it appears from a reading of the statute that the Mayor has a casting vote whenever his vote would be a vote that turns the scab (Cf. Oxford Dictionary).