Opinion
Argued April 4, 1962
Decided May 10, 1962
Appeal from the Supreme Court, New York County, SAUL S. STREIT, J., SAMUEL J. JOSEPH, J.
Edward J. Bloustein and Albert Foreman for appellants-respondents.
Leo A. Larkin, Corporation Counsel ( Seymour B. Quel and Milton H. Harris of counsel), for respondent-appellant.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and FOSTER. Judge VAN VOORHIS dissents in part and votes to reverse the judgment insofar as it is in favor of plaintiffs and to dismiss the complaint upon the ground that, as matter of law, the contract between the parties does not transfer to plaintiffs any equipment on the premises to which the city itself did not obtain title. Taking no part: Judge BURKE.