Judgment unanimously reversed on the law and facts, without costs of this appeal to any party, and a new trial granted.
Memorandum:
The question here presented is whether the defendant is now, and prior to July 1, 1952 was, engaged in operating a subdivision within the meaning of sections 1115 to 1118 and former section 89 of the Public Health Law. The Official Referee found that the defendant's activities did not bring him within the statutes and therefore...
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