Opinion
Argued January 11, 1965
Decided January 14, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES C. CRANE, J.
Harry H. Lipsig, Murray L. Lewis and Marvin Luboff for appellant.
Leo A. Larkin, Corporation Counsel ( Seymour B. Quel of counsel), for respondent.
Order affirmed, without costs, on the majority opinion in Motyka v. City of Amsterdam ( 15 N.Y.2d 134), decided herewith. No opinion.
Concur: Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND dissents and votes to reverse upon his dissenting opinion in Motyka v. City of Amsterdam ( 15 N.Y.2d 134, 140), decided herewith.