Opinion
Argued April 4, 1944
Decided May 18, 1944
Appeal from the Supreme Court, Appellate Division, Fourth Department, KOHLMETZ, J.
Eric P. Smith for Town of Gates, appellant.
Joseph Wm. Taylor for Town of Chili, appellant.
Francis C. Wickes for respondent.
Order affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: RIPPEY, J.