Opinion
Argued November 29, 1950
Decided January 11, 1951
Appeal from the Supreme Court, Appellate Division, First Department, KOCH, J.
John P. McGrath, Corporation Counsel ( Fred Iscol and Seymour B. Quel of counsel), for appellant.
Nathan S. Blum, Andrew W. Tully and Abraham Rubin for respondent.
Order of Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division (see Matter of Martin v. School Bd. [ Long Beach], 301 N.Y. 233; Chavers v. City of Mount Vernon, 301 N.Y. 634). No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.