Opinion
November 10, 1953.
Present — Peck, P.J., Dore, Cohn, Callahan and Botein, JJ.;
Judgment affirmed, with costs and disbursements to the respondent the People of the State of New York. No opinion.
Dore and Callahan, JJ., dissent and vote to reverse and deny the People's motion, and direct delivery of the property to the appellant, upon the ground that section 44 of the Civil Practice Act is applicable.