Opinion
Argued March 2, 1942
Decided April 16, 1942
Appeal from the Supreme Court, Appellate Division, First Department.
Menahem Stim, Thomas J. Curran and Jeremiah A. Sheehan for appellant.
William C. Chanler, Corporation Counsel ( Paxton Blair and Henry J. Shields of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS and DESMOND, JJ. RIPPEY and CONWAY, JJ., dissent on the authority of Matter of Meyer v. Goldwater ( 286 N.Y. 461).