Majority
p. 569Beth Israel Hospital Association and Others, Respondents, v. Robert Moses, Commissioner of Parks, and The City of New York, Appellants.
We think that the question whether or not the dedication of the land known as Stuyvesant Park for park purposes excluded the use thereof for a modem playground should await determination upon the trial. Order granting plaintiffs’ motion for an injunction pendente lite unanimously affirmed, without costs, and the trial set peremptorily for May 25, 1936, at the head of the calendar. Present — Martin, P. J., MeAvoy, O’Malley, Townley and Dore, JJ.