Opinion
Argued October 18, 1960
Decided October 20, 1960
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ISADORE BOOKSTEIN, J.
Lambert L. Ginsberg and Paul R. Jones for appellants.
David Schoenberg, Corporation Counsel ( Stephen K. Pollard of counsel), for City of Rochester, respondent.
Order affirmed, without costs ( Penniman v. Fuller Warren Co., 133 N.Y. 442; Boro Kitchen Cabinets v. Spalt, 9 A.D.2d 925). Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE. Taking no part: Judge FOSTER.