Opinion
Submitted December 15, 1933
Decided January 9, 1934
Appeal from the Supreme Court, Appellate Division, Third Department.
George A. Marcus for appellant.
Mathias P. Poersch, Corporation Counsel ( McDonald King of counsel), for respondents.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in the Appellate Division and in this court, on the authority of Matter of Berry v. Brearton ( 263 N.Y. 274). No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.