ABNER M. HARPER, INC. v. CITY OF NEWBURGH

Judgment and order affirmed, with costs, on authority of Harper, Inc., v. City of Newburgh ( 159 App. Div. 695). Jenks, P.J., Thomas and Rich, JJ., concurred; Burr, J., dissented as to the return of the deposit of $500; Carr, J., not voting.