Opinion
Argued January 9, 1940
Decided January 23, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, SCHIRICK, J.
Frank S. Parmenter, Corporation Counsel ( John P. Judge of counsel), for appellant.
John P. McNamee for respondent.
Judgments reversed and complaint dismissed, with costs in all courts, on the authority of Rockwell v. City of Syracuse ( 282 N.Y. 17). No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and Conway, JJ.