Opinion
Argued September 27, 1939
Decided October 17, 1939
Appeal from the Supreme Court, Appellate Division, Fourth Department, MacGREGOR, J.
J. William O'Brien, Corporation Counsel ( John F. McNulty of counsel), for appellant.
Francis T. Findlay for respondent.
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, unless appellant withdraws its appeal within ten days and pays all costs to date. No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.