Opinion
Argued March 7, 1946
Decided April 18, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, HINKLEY, J.
Aaron Simmons, Corporation Counsel ( John A. Bodmer of counsel), for appellant.
Henry Amster for Joseph Peck and others, amici curiae in support of appellant's position.
A. Mark Levien for respondent.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.