Majority
p. 855Thomas W. Morrell, on Behalf of Himself and All Other Persons Similarly Situated, Respondent, v. The City of New York and Others, Appellants.
Judgment and order unanimously reversed, with costs, and the complaint dismissed, with costs, on the authority of Spencer v. Kaplan ( 233 App. Div. 656 ) and Matter of O’ Keefe v. Clark (238 id. 175). Present — Martin, P. J., Townley, Glennon, Cohn and Callahan, JJ.