Argued April 6, 1950
Decided May 18, 1950
Appeal from the Supreme Court, Appellate Division, Third Department, ELSWORTH, J.
John Di Leonardo and Alvin McKinley Sylvester for appellants.
Robert C. Poskanzer for respondent.
Order affirmed, with costs, and order absolute directed in favor of respondent on the stipulation. Appeal taken as of right dismissed. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY and FROESSEL, JJ.; DESMOND, DYE and FULD, JJ., concur as to the appeal taken as of right, but otherwise dissent.