Opinion
Argued February 27, 1947
Decided April 17, 1947
Appeal from the Supreme Court, Appellate Division, Third Department, MURRAY, J., ELSWORTH, J.
Charles E. Murphy, Corporation Counsel ( Herman E. Gottfried and Francis T. Murray of counsel), for appellant.
Kenneth S. MacAffer and Lloyd R. Le Fever for respondents.
Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.
Concur: LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ. Taking no part: LOUGHRAN, Ch. J.