Opinion
Argued October 6, 1936
Decided October 20, 1936
Appeal from the Supreme Court, Appellate Division, Fourth Department.
James O. Moore, Jr., Arthur J. Block and Michael M. Cohn for appellants.
Lyman M. Bass, William P. Stewart and George C. Letchworth for respondent.
Order of Appellate Division reversed and that of Special Term affirmed, without costs, and question certified answered in the negative. We are of the opinion that on the facts presented the Special Term was justified in exercising its discretion. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.