Opinion
Submitted July 15, 1952
Decided July 15, 1952
Appeal from the Supreme Court, Appellate Division, Third Department.
Ephraim S. London for motion.
Charles A. Brind, Jr., for respondents.
Motion granted. Return of remittitur requested and when returned it will be amended to provide as follows: Order of Appellate Division reversed and determination of respondents annulled, with costs in this court and in the Appellate Division; motion that appellant have restitution of the sum of $329.10, heretofore paid to respondents in satisfaction of the judgment entered by respondents for costs and disbursements on the previous affirmance herein, granted.