Majority
p. 800Jessie Buchanan et al., as Trustees of School District No. 3 of the Town of Salina, Respondents, v. Town of Salina, Appellant.
Motion for reargument denied. Memorandum: All questions as to the applicability of section 491 of the Education Law as a defense must be determined upon the new trial. Present — Taylor, P. J., Dowling, MeCurn, Larkin' and Love, JJ. [See ante, p. 207.]