Majority
p. 920City and Suburban Homes Company, Appellant, v. The People of the State of New York and Others, Defendants. George F. Martens, Jr., and Bertha C. N. Johnson, as Executors, etc., of George F. Martens, Deceased, Respondents.
Order affirmed, with ten dollars costs and disbursements, on the authority of Hawes v. United States Trust Co., No. 1 ( 142 App. Div. 789 ). Jenks, P. J., Thomas, Carr, Woodward and Rich, JJ., concurred.