Opinion
Argued May 17, 1944
Decided June 8, 1944
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
Ignatius M. Wilkinson, Corporation Counsel ( Murray Sendler and James Hall Prothero of counsel), for appellant.
Irving I. Goldsmith, Monroe Collenburg and Jos. L. Roesch for Flomarcy Company Incorporated and another, defendants-respondents.
Sidney J. Feltenstein for plaintiffs, respondents.
Appeal as against the codefendants dismissed with costs; otherwise judgment affirmed, with costs. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY and DESMOND, JJ. Taking no part: RIPPEY and THACHER, JJ.