Opinion
Argued April 14, 1941
Decided May 22, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, STEINBRINK, J.
Nathan Frankel for appellants.
William C. Chanler, Corporation Counsel ( Paxton Blair and Francis J. Bloustein of counsel), for respondents.
Judgment of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division, on the authority of Arverne Bay Construction Co. v. Thatcher ( 278 N.Y. 222).
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.