Opinion
Argued May 21, 1934
Decided June 5, 1934
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( Wendell P. Brown of counsel), for appellants.
J. Hampden Dougherty, Jr., for respondent.
Order affirmed, with costs; no opinion.
Concur: POUND, Ch. J., LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ. CRANE, J., dissents on the ground that People ex rel. Ducas Co. v. State Tax Commission ( 260 N.Y. 525) is not binding upon this court on the facts in this case.