Opinion
Argued May 27, 1952
Decided June 6, 1952
Appeal from the Supreme Court, Appellate Division, Second Department, BAAR, J.
Adolph Koeppel and Martin Koeppel for appellant.
Denis M. Hurley, Corporation Counsel ( Fred Iscol and Seymour B. Quel of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND and DYE, JJ. FULD and FROESSEL, JJ., dissent and vote to reverse the order of the Appellate Division and affirm the order of the Special Term, upon the ground that, under the circumstances of this issue, it was an abuse of discretion to refuse to permit the filing of the claim. Not sitting: CONWAY, J.