Opinion
Argued May 16, 1944
Decided June 8, 1944
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
Joseph R. Kelley and Ann Nollen for appellant.
Harold W. Bissell and William C. Cannon for respondent.
Order affirmed, without costs, and question certified answered in the negative on the ground that the issues are of such nature and scope as to indicate the propriety of a trial thereof. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: RIPPEY, J.