Majority
p. 1027Lucius Wilmerding v. Fiorello H. La Guardia et al., Constituting the Board of Estimate of the City of New York, et al.
Motion for an order amending the order of this court entered herein on December 22, 1944, so as to provide that the affirmance of the order appealed from insofar as it denies plaintiff’s motion for a preliminary injunction be upon condition that the defendants consent to an immediate trial of this action and that the case be set for trial on the 22d day of January, 1945, denied with ten dollars costs. Present — Martin, P. J., Untermyer, Dore, Cohn and Callahan, JJ. [See ante, p. 496.]