Opinion
June 18, 1943.
Present — Martin, P.J., Townley, Untermyer, Dore and Callahan, JJ.; Martin, P.J., and Callahan, J., dissent and vote to reverse and grant judgment for defendant, on the ground that there was no schedule applicable to Brooklyn College on March 5, 1931; therefore section 889 Educ. of the Education Law contains no restriction against the condition which the Board of Higher Education attempted to impose.
Judgment affirmed, with costs. No opinion.