174 N.Y.S.2d 651, 151 N.E.2d 86

DAN H. ELKIND, Respondent, v. CITY OF NEW ROCHELLE, Appellant.

Court of Appeals of the State of New York.Submitted March 24, 1958
Decided May 1, 1958

Appeal from the Appellate Division of the Supreme Court in the second judicial department,

Page 903

FREDERIC G. SCHMIDT, Off. Ref.

Murray C. Fuerst, Corporation Counsel (Maxwell E. Charat of counsel) for motion.

No one opposed.

Motion denied upon the ground that an appeal lies as of right.