Opinion
Argued October 19, 1943
Decided December 2, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, WILSON, J.
Herbert L. Hutner for plaintiff-appellant.
Fred L. Gross and Frederick A. Keck for Joseph P. Day et al., as Trustees, etc., defendants-appellants.
Marcus G. Christ, County Attorney ( John J. Knob and G. Burchard Smith of counsel), for defendant-respondent.
Judgment affirmed, with costs. Appeal by the defendant-trustees dismissed, without costs, on the ground they are not aggrieved parties. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.