Opinion
Argued April 13, 1944
Decided May 25, 1944
Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.
Ignatius M. Wilkinson, Corporation Counsel ( Seymour B. Quel, Harry Hollander and Harry Tannenbaum of counsel), for appellants.
H. Eliot Kaplan for respondents.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ. LEHMAN, Ch. J., dissents from so much of the decision as directs the payment of the increment withheld more than four months after wages were paid and received under protest.