Majority
p. 800Laura McCarthy and Berkshire Life Insurance Company, Respondents, v. City of Syracuse, Appellant.
Order reversed on the law, with ten dollars costs and disbursements, and motion granted, without costs. All concur, except Crosby, P. J., and MeCum, J., who dissent and vote for affirmance. (The order denies defendant’s motion for judgment on the pleadings in an action for a declaratory judgment determining the legality of an assessment against plaintiffs’ property for street widening purposes.) Present —■ Crosby, P. J., Cunningham, Taylor, Dowling and McCurn, JJ.