Opinion
Argued June 3, 1921
Decided July 14, 1921
Edward M. Bassett and Wilson W. Thompson for appellant.
William L. Ransom, Robert E. Coulson and Colby E. Williams for Empire State Gas and Electric Association, amicus curiæ.
Gerald Morrell, respondent, in person.
John P. O'Brien, Corporation Counsel ( Judson Hyatt and James A. Donnelly of counsel), for City of New York, intervener.
For the reasons expressed in case No. 1 (same title, 231 N.Y. 398), the order appealed from must be reversed, the demurrer sustained, with leave to plaintiff to plead over within twenty days on payment of costs, and the questions certified answered in the negative.
HISCOCK, Ch. J., HOGAN, CARDOZO and ANDREWS, JJ., concur; POUND, J., absent; CHASE, J., deceased.
Ordered accordingly.