Opinion
Argued January 4, 1972
Decided February 10, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RUSSELL G. HUNT, J.
James D. Featherstonhaugh, John T. DeGraff and John Carter Rice for appellant-respondent.
Carl W. Engstrom, Corporation Counsel ( Edward O. Spain of counsel), for respondent-appellant.
On the appeal by plaintiff: Order affirmed without costs; no opinion.
On the appeal by defendant: Appeal dismissed without costs, upon the ground that defendant City of Troy was not aggrieved by the modification at the Appellate Division and the dissent is not in its favor (CPLR 5601, subd. [a], pars. [i], [iii]).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.