Opinion
Argued April 17, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, First Department, SHIENTAG, J.
John J. Bennett, Corporation Counsel ( William S. Lebwohl, Charles C. Weinstein and Rose Schneph of counsel), for appellant. Paul Windels, David B. Tolins and Julius J. Teller for respondent.
Samuel D. Smoleff for Citizens Union of the City of New York, amicus curiae, in support of appellant's position.
Carl S. Stern, Edward Weinfeld and Blanche L. Miller for Citizens' Housing Council of New York, Inc., amicus curiae, in support of appellant's position.
Albert S. Bard for Executive Committee of the New York Chapter of the American Institute of Architects, amicus curiae, in support of appellant's position.
On appeal from judgment, judgment affirmed, with costs. On appeal from order, order affirmed. Questions certified answered in the negative. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: DYE, J.