Majority
p. 792Charles A. Briggs, Respondent, v. Peningo Land Company and Carrie L. H. Briggs, Wife of Plaintiff, Respondents; Nicola Riccio and Isabelle Riccio, His Wife, Sued Herein as “ Mary ” Riccio, Respondents, Appellants; The People of the State of New York, Appellant.
Motion by the defendant People of the State of New York for reargument denied, and the motion for leave to appeal to the Court of Appeals granted. Motion of defendants Riccio for leave to appeal to the Court of Appeals granted. Present — Lazansky, P. J., Young, Hagarty, Carswell and Davis, JJ. [See 238 App. Div. 94 .]