Opinion
Argued September 29, 1926
Decided October 19, 1926
Appeal from the Supreme Court, Appellate Division, First Department.
George P. Nicholson, Corporation Counsel ( John F. O'Brien, William E.C. Mayer and Arthur Sweeny of counsel), for Charles W. Berry, as comptroller, et al., appellants.
John Lehman for John F. Hylan, appellant.
Leonard M. Wallstein and Ralph M. Frink for respondent.
Order affirmed, with costs; first question certified answered in the affirmative; second and third in the negative; no opinion.
Concur: HISCOCK, Ch. J., CARDOZO, McLAUGHLIN, ANDREWS and LEHMAN, JJ. Dissenting: POUND and CRANE, JJ.