Opinion
Submitted June 1, 1910
Decided June 17, 1910
Charles S. Whitman, District Attorney ( Robert C. Taylor of counsel), for appellant.
Archibald R. Watson, Corporation Counsel ( Theodore Connoly and Clarence L. Barber of counsel), for City of New York.
Arthur E. Kaulfuss and Joseph M. Callahan for respondent.
Order affirmed, with costs, and question certified answered in the negative on the opinion of INGRAHAM, P.J., below.
Concur: GRAY, VANN, HISCOCK and CHASE, JJ. Dissent: CULLEN, Ch. J., HAIGHT and WERNER, JJ.