Opinion
Argued May 21, 1940
Decided June 11, 1940
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
William C. Chanler, Corporation Counsel ( Stanley Buchsbaum, Paxton Blair and Nicholas Bucci of counsel), for appellants.
Arthur Carter Hume for respondent.
Order affirmed, with costs. First question certified answered in the negative. Third question certified answered in the affirmative. Other questions certified not answered. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ. Taking no part: LEHMAN, Ch. J.