Opinion
Argued April 21, 1942
Decided May 28, 1942
Appeal from the Supreme Court, Appellate Division, First Department, WALTER, J.
William C. Chanler, Corporation Counsel ( Nicholas Bucci, Paxton Blair and Arthur H. Kahn of counsel), for appellant.
Osmond K. Fraenkel for respondent.
A. Mark Levien for City College Instructors and High School First Assistants of the Board of Education of the City of New York, amici curiae.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.