Opinion
Argued January 14, 1944
Decided March 2, 1944
Appeal from the Supreme Court, Appellate Division, First Department, CHURCH, J.
Ignatius M. Wilkinson, Corporation Counsel ( Murray Sendler and James Hall Prothero of counsel), for defendant City of New York, appellant.
Solomon Pearlman and Paul W. Hessel for plaintiff, appellant and respondent.
Austin B. Mandel for defendant-respondent.
On appeal by the City of New York: Judgment affirmed, with costs.
On plaintiff's appeal: Appeal dismissed, without costs, on the ground that the appeal was never perfected. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Taking no part: THACHER, J.