Opinion
Argued November 19, 1964
Decided December 3, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EUGENE L. BRISACH, Spec. Ref.
Leo Klauber for appellant.
Leo A. Larkin, Corporation Counsel ( Edith I. Spivack, Edward J. McLaughlin and Russell D. Scott of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and BERGAN. Judges FULD and SCILEPPI dissent and vote to reverse upon the ground that the building was not ready for occupancy on April 15, 1961, within the meaning of section 157-1.0 of the Administrative Code of the City of New York.