Opinion
Argued October 3, 1945
Decided January 25, 1946
Appeal from the Supreme Court, Appellate Division, First Department, WASSERVOGEL, J.
Jacob D. Fishman and Maurice M. Singer for appellant.
Ignatius M. Wilkinson, Corporation Counsel ( Richard L. Baltimore, Jr., and James Hall Prothero of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER and DYE, JJ. Dissenting: CONWAY and MEDALIE, JJ.