Opinion
Decided May 25, 1944 Counsel appeared May 16, 1944.
Appeal from the Supreme Court, Appellate Division, Second Department, WALSH, J.
George W. Martin and Thomas B. Fenlon for appellant.
Gerson C. Young and John Kadel for respondent appearing specially.
Appeal dismissed, without costs, on the ground that an appeal does not lie as of right. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: RIPPEY, J.