Majority
p. 1030(March 22, 1939.) Alfred H. Lyon, as Surviving Executor, etc,, of Addison J. Lyon, Deceased, Respondent, v. City of Binghamton, Appellant.
Motion for leave to appeal to the Court of Appeals entertained, and denied, nunc pro tunc, as of March 22, 1939. Decision of motion handed down nunc pro tunc, as of March 22, 1939. [See ante, p. 397.] Present — Hill, P. J„ McNamee, Crapser, Bliss and Heffernan, JJ.