Opinion
January 30, 1964
Judgment in favor of plaintiff unanimously affirmed on the opinion of Mr. Justice SILVERMAN at Special and Trial Term ( 39 Misc.2d 163), without costs to any party. Costs are not awarded in view of the improper additions to the appendix by the prevailing party.
Concur — Breitel, J.P., Valente, Stevens, Eager and Steuer, JJ.