Majority
p. 759Utica Gas and Electric Company, Respondent, v. C. Lester Merry and Others, as Trustees of the Village of Frankfort, Herkimer County, N. Y., and Others, Appellants.[1]
Motion for a reargument granted and upon such reargument the order of affirmance entered March 15, 1933, is vacated and the orders appealed from are reversed, with ten dollars costs and disbursements and the motion of the defendants to dismiss the complaint is granted, with ten dollars costs. [See 239 App. Div. 751 .]