Opinion
Argued December 2, 1940
Decided December 31, 1940
Appeal from the Supreme Court, Appellate Division, First Department, HOFSTADTER, J.
William C. Chanler, Corporation Counsel ( Robert H. Schaffer of counsel), for appellants.
Albert de Roode for respondent.
Orders modified in accordance with the opinion in Matter of Beggs v. Kern ( 284 N.Y. 504), decided herewith, and as so modified affirmed, without costs. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.