Opinion
Argued December 5, 1935
Decided January 7, 1936
Appeal from the Supreme Court, Appellate Division, Third Department.
Theodore A. Knapp and Richard J. Sherman for appellants.
William E. Bennett for respondent.
J.A.T. Schwarte, J.A. Slade, D.J. Harrington and I.I. Goldsmith for United States Hotel Company, amicus curiae.
Judgments reversed and motion denied, with costs in this court and in the Appellate Division. This is not a case to be decided on the pleadings. The constitutionality of the regulations must be decided after the facts are determined on the trial. No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. LEHMAN and CROUCH, JJ., dissent and vote to affirm.