Judgment affirmed, with costs. Appeal by the defendant-trustees dismissed, without costs, on the ground they are not aggrieved parties. No opinion.
Concur: Lehman, Ch. J., Lottghban, Rippey, Lewis, Conway, Desmond and Thacher, JJ.
Argued October 19, 1943;
decided December 2, 1943.
*734Herbert L. Eutner for plaintiff-appellant.
Fred L. Gross and Frederick A. Keck for Joseph P. Day et al., as Trustees, etc., defendants-appellants.
Marcus G. Christ, County Attorney (John J. Knob and G. Bur chard Smith of counsel), for defendant-respondent.
Judgment affirmed, with costs. Appeal by the defendant-trustees dismissed, without costs, on the ground they are not aggrieved parties. No opinion.
Concur: Lehman, Ch. J., Lottghban, Rippey, Lewis, Conway, Desmond and Thacher, JJ.
291 N.Y. 733
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