Majority
p. 758Brian J. Kelly and Another, Respondents, v. C. Lester Merry and Others, as Trustees of the Village of Frankfort, Herkimer County, N. Y., and Others, Appellants.[1]
Order affirmed, with ten dollars costs and disbursements. See memorandum and dissenting opinion filed in companion case last above. [See Utica Cas & Electric Co. v. Merry, ante, p. 753.] All concur, except Thompson, J. , who dissents and votes for dismissal of the complaint.