Opinion
Argued October 17, 1955
Decided November 23, 1955
Appeal from the Supreme Court, Appellate Division, Fourth Department, KINGSLEY, J.
Kenneth W. Brett, Corporation Counsel, for appellant.
Lawrence Conboy for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: CONWAY, Ch. J., DESMOND, FULD, FROESSEL and VAN VOORHIS, JJ. Taking no part: DYE and BURKE, JJ.