Opinion
Argued March 31, 1958
Decided May 8, 1958
Appeal from the Appellate Division of the Supreme Court in the second judicial department, L. BARRON HILL, J.
Benjamin Diamond and Charles H. Ellner for appellant.
Peter Campbell Brown, Corporation Counsel ( Irving Genn, Harry E. O'Donnell and Benjamin Offner of counsel), for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, and VAN VOORHIS. Judges FULD and FROESSEL dissent and vote to reverse for the reasons stated in the dissenting memorandum decision of the Appellate Division. Taking no part: Judge BURKE.