Opinion
Argued September 27, 1937
Decided October 12, 1937
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Gregory U. Harmon, Corporation Counsel ( Jeremiah J. Hurley of counsel), for appellant.
Louis L. Babcock for Delaware, Lackawanna and Western Railroad Company, respondent.
DeWitt Clinton, II, and DeWitt Clinton for Grade Crossing and Terminal Station Commission of the City of Buffalo, respondent.
Order affirmed, with costs. First question certified not answered. Second question certified answered in the negative. Third question certified answered in the affirmative. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.