Opinion
Argued April 24, 1933
Decided May 23, 1933
Appeal from the Supreme Court, Appellate Division, First Department.
Humphrey J. Lynch, Monroe J. Cahn and Jack Gross for appellant.
Arthur J.W. Hilly, Corporation Counsel ( J. Joseph Lilly, Charles E. Ramsgate and Samuel A. Bloom of counsel), for respondent.
Judgment of the Appellate Division reversed and judgment of the Trial Term affirmed, with costs in this court and in the Appellate Division, upon the authority of Koehler v. City of New York ( 262 N.Y. 74). No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.