Opinion
Argued June 4, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, Third Department, BARRETT, P.J., DYE, J.
Nathaniel L. Goldstein, Attorney-General ( Orrin G. Judd, Edward L. Ryan and John R. Davison of counsel), for appellant.
Coleman Taylor and William H. Bennison for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, THACHER and FULD, JJ. LEWIS, J., dissents and votes to dismiss the appeal without prejudice to an application to the Court of Claims to enter a judgment upon the combined old and new findings and without prejudice to an appeal therefrom. Taking no part: DYE, J.