Smith v. Hodson ( 1940 )

Order reversed, with twenty dollars costs and disbursements, and the petition dismissed for the reasons stated in the opinion of Callahan, J., in Matter of Katz v. Goldwater (ante, p. 495), handed down herewith. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; Dore, J., concurs in the result; O’Malley, J., dissents and votes to affirm for the reasons stated in his dissenting opinion in Matter of Katz v. Goldwater (ante, p. 499).