46 South 52nd Street Corp. v. Manlin

*349Dissenting Opinion by

Mr. Justice Bok:

Mr. Justice McBeide prepared this dissent before his term of office expired. I told him that I would join in it. Since he has left the Court before the majority opinion was handed down, I now adopt his dissenting opinion in order that it may be filed and published. It follows:

I

This Court holds, quite properly it seems to me, that on the allegations of the complaint Brait’s had an interest separate and apart from that of other citizens in the community and therefore the court below, on such allegations, had jurisdiction.

The test of jurisdiction on such a…