MAGLIO v. CITY OF NEW YORK

Judgment affirmed, without costs, upon the ground that plaintiff was not "a successful party" within the intent and meaning of the statute and the underlying constitutional provision. We pass upon no other question. No opinion.

Concur: Judges DYE, FULD, BURKE and FOSTER. Chief Judge DESMOND and Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse.