Opinion
Argued February 26, 1963
Decided April 4, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILLIAM C. HECHT, JR., J.
John P. McGrath, Jeremiah M. Evarts and Marland Gale for appellant.
Leo A. Larkin, Corporation Counsel ( Milton H. Harris and Seymour B. Quel of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FOSTER and SCILEPPI. Judges VAN VOORHIS and BURKE dissent and vote to reverse and to reinstate the order of Special Term for the reason that the evidence in the record supports the determination of that court.