Opinion
Argued October 26, 1938
Decided December 2, 1938
Appeal from the Supreme Court, Appellate Division, First Department.
William C. Chanler, Corporation Counsel ( Jeremiah M. Evarts and Seymour B. Quel of counsel), for appellants.
Jesse C. Rogers and Samuel Binder for respondent.
Order affirmed, with costs, on the authority of Matter of Wingate v. McGoldrick ( 279 N.Y. 246), decided herewith. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.