
    In the Matter of Hyman H. Smith et al., Petitioners, v. M. Spiegel & Sons, Inc. et al., Respondents. (Action No. 1.) In the Matter of M. Spiegel & Sons Oil Corp., Appellant, v. Department of Buildings of the City of New York, Respondent. (Action No. 2.)
    Argued April 16, 1969;
    decided May 14, 1969.
    
      
      Leslie H. Goldenthal for appellant.
    
      J. Lee Rankin, Corporation Counsel (Sanford I. Freedman and Stanley Buchsbaum of counsel), for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Brietel and Jasen. Taking no part: Judge Keating.  