Judgment of the Appellate Division and that of the Trial Term reversed, and complaint dismissed, with costs in all courts, on the authority of Hamilton v. City of Buffalo ( 173 N.Y. 72); Butler v. Village of Oxford ( 186 N.Y. 444); Terry v. Village of Perry ( 199 N.Y. 79); Lalor v. City of New York ( 208 N.Y. 431). No opinion.
Concur: LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ. Dissenting: POUND, Ch. J., and CRANE, J. Not sitting: CROUCH, J.