Opinion
Submitted October 19, 1934
Decided October 23, 1934
Appeal from the Supreme Court, Appellate Division, First Department.
Arthur G. Weinberger, Arthur M. Post and Alexander Wolf for appellant.
Paul Windels, Corporation Counsel ( Russell Lord Tarbox, Paxton Blair and Ralph W. Thomas of counsel), for respondents.
Appeal dismissed, without costs, on the ground that the question has become academic by lapse of time. ( Matter of Lyon Co. v. Morris, 261 N.Y. 497.) No opinion.
Concur: POUND, Ch. J., CRANE, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ. Not sitting: LEHMAN, J.