Opinion
Argued December 6, 1945
Decided January 18, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, FROESSEL, J.
Samuel D. Smoleff and Theodore Fred Kuper for appellant.
Ignatius M. Wilkinson, Corporation Counsel ( W. Bernard Richland and Pauline K. Berger of counsel), for respondents.
Judgment affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and MEDALIE, JJ.