Opinion
Argued October 17, 1928
Decided November 20, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
George P. Nicholson, Corporation Counsel ( William H. King and Harry S. Lucia of counsel), for appellants.
Edward M. Grout, Paul Grout and Charles B. LaVoe for respondent.
Orders of the Appellate Division reversed and those of the Special Term affirmed, with costs in this court and in the Appellate Division, on the opinion in People ex rel. Loeser Co. v. Goldfogle ( 249 N.Y. 284).
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.