Majority
p. 654In the Matter of Freda K. Ralph, Respondent, against Board of Estimate of the City of New York et al., Appellants. Argued June 4, 1952; decided July 15, 1952.
p. 656
Denis M. Hurley, Corporation Counsel (Henry J. Shields and Seymour B. Quel of counsel), for appellants.
Stephen J. Rudd and Irving L. Bruns for respondent.
Order of Appellate Division reversed upon the authority of the Civil Practice Act (§ 562-a, subd. [3]) and matter remitted to the Appellate Division for determination on the merits, with costs to abide the event. No opinion.
Concur: Lottghran, Ch. J., Lewis, Desmond, Dye, Fuld and Froessel, JJ. Not sitting: Conway, J.