Opinion
Argued November 2, 1961
Decided November 2, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES D. HOPKINS, J.
Samuel L. Slutzky and Vincent P. Downey for appellants.
Adolph I. King for William J. Millar and others, respondents.
Order of Appellate Division reversed and that of Special Term reinstated, without costs, for the reasons stated by Special Term. No opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE, FOSTER, WILLIAMS and MacAFFERfn_.
Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Chief Judge DESMOND and Judge FULD.