
    Anthony E. Maglio, Appellant, v. City of New York, Respondent.
    Argued January 16, 1963;
    decided January 23, 1963.
    
      
      Eugene Gold, Solomon A. Klein and William W. Kleinman for appellant.
    
      Leo A. Larkin, Corporation Counsel (Fred Iscol and Seymour B. Quel of counsel), for respondent.
   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.  