Opinion
May 28, 1943.
Present — Martin, P.J., Townley, Dore, Cohn and Callahan, JJ.; Townley, J., dissents on the authority of Smith v. Floyd ( 193 N.Y. 683). [ 180 Misc. 152.]
Decree, so far as appealed from, affirmed, with costs to the respondents payable out of the fund. No opinion.