Opinion
Argued May 23, 1934
Decided July 3, 1934
Appeal from the Supreme Court, Appellate Division, First Department.
Paul Windels, Corporation Counsel ( Paxton Blair and Arthur H. Kerns of counsel), for plaintiff, appellant and respondent.
Frederick G. Rita for defendant, respondent and appellant.
Orders affirmed. Held, that the constitutional question was not raised below. No opinion. (See 265 N.Y. 440.)
Concur: POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ.