Opinion
Submitted October 15, 1958
Decided January 15, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL W. EAGER, J.
Floyd M. Grant for appellant.
Benjamin I. Taylor, Jr., Town Attorney ( Arthur A. Segall and Arnold S. Alperstein of counsel), for respondents.
Order of Appellate Division reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division, upon the ground that the weight of evidence favors the determination of Special Term rather than that of the Appellate Division. No opinion.
Concur: Chief Judge CONWAY and Judges FROESSEL, VAN VOORHIS and BURKE. Judges DESMOND, DYE and FULD dissent and vote to affirm.