Opinion
Argued December 2, 1936
Decided December 31, 1936
Appeal from the Supreme Court, Appellate Division, Fourth Department.
R. Foster Piper and Thomas Penney, Jr., for appellant.
Robert W. McNulty for respondent.
Judgments modified in accordance with opinion in Ferguson v. Village of Hamburg ( 272 N.Y. 234) decided herewith, and as so modified affirmed, without costs. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.