| N.Y. App. Div. | Nov 10, 1938
Since the complaint asks that the alleged illegal payment be restored to the treasury of the city of New York, we thinly that the city is a proper party if not a necessary one. Order, so far as appealed from, unanimously affirmed, with twenty dollars costs and disbursements, with leave to the defendant-appellant to answer within ten days after service of order upon payment of said costs. Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.