Opinion
December 7, 1961
Appeal from the Court of Claims.
Present — Williams, P.J., Bastow, Goldman, Halpern and McClusky, JJ. [ 27 Misc.2d 99.]
Judgment unanimously affirmed, with costs, on the authority of Whitmier Ferris Co. v. State of New York ( 12 A.D.2d 165). Oral application for leave to appeal to the Court of Appeals granted.