Opinion
May, 1935.
Present — Lazansky, P.J., Hagarty, Scudder, Tompkins and Johnston, JJ.
Matter remitted to Special Term, pursuant to stipulation, for the purpose of making a determination to be based on a new stipulation embodying facts and circumstances in accordance with a decision by the Court of Appeals on April 16, 1935, in the action of Village of Depew v. Town of Cheektowaga ( 267 N.Y. 144).