Opinion
Argued October 2, 1947
Decided October 16, 1947
Appeal from the Supreme Court, Appellate Division, Second Department.
William R. Condit, Corporation Counsel ( Samuel Faile of counsel), for appellant.
Aaron Simmons, Corporation Counsel ( Murray C. Fuerst of counsel), for City of New Rochelle, amicus curiae, in support of appellant's position.
Charles A. Voss for respondent.
Judgment affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.