| NY | Jan 23, 1963
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 Scilepfi dissent and vote to reverse.