Opinion
Argued February 26, 1963
Decided March 28, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EUGENE L. BRISACH, Off. Ref.
Arthur C. Fink and Joseph A. Weinberger for appellant.
Leo A. Larkin, Corporation Counsel ( James J. McGowan and Edward J. McLaughlin of counsel), for respondents.
Louis J. Lefkowitz, Attorney-General ( Daniel M. Cohen and Paxton Blair of counsel), for Commissioner of Housing of the State of New York, intervenor.
Mendel Lurie for Boulevard Gardens Housing Corp. and another, amici curiae.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Judge FOSTER dissents and votes to reverse upon the dissenting opinion at the Appellate Division.