Opinion
Argued November 17, 1944
Decided December 30, 1944
Appeal from the Supreme Court, Appellate Division, Third Department, DYE, J.
Nathaniel L. Goldstein, Attorney-General ( Arthur W. Mattson, Orrin G. Judd, Adrian K. King and Marvin P. Lazarus of counsel), for appellant.
John J. Conway for respondents.
Judgments affirmed, with costs; no opinion.
Concur: LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. LEHMAN, Ch. J., and RIPPEY, J., dissent and vote to reverse the judgment of the Appellate Division and to reinstate the judgment of the Court of Claims.