Opinion
Argued June 4, 1952
Decided July 15, 1952
Appeal from the Supreme Court, Appellate Division, Second Department, CONROY, J.
Denis M. Hurley, Corporation Counsel ( Henry J. Shields and Seymour B. Quel of counsel), for appellants.
Stephen J. Rudd and Irving L. Bruns for respondent.
Order of Appellate Division reversed upon the authority of the Civil Practice Act (§ 562-a, subd. [3]) and matter remitted to the Appellate Division for determination on the merits, with costs to abide the event. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, DYE, FULD and FROESSEL, JJ. Not sitting: CONWAY, J.