Judgment affirmed, without costs; no opinion.
Concur: Chief Judge Desmond and Judges Dye, Ftjld, Froessel, Van Voorhis, Burke and Foster.
Submitted February 23, 1961;
decided March 23, 1961.
*765Morris Eisenstein for appellant.
Charles H. Tenney, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge Desmond and Judges Dye, Ftjld, Froessel, Van Voorhis, Burke and Foster.
9 N.Y.2d 764
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