Opinion
Argued May 23, 1940
Decided June 14, 1940
Appeal from the Supreme Court, Appellate Division, First Department, LEARY, J.
Edward K. Hanlon, Milton Weiss and Howard A. Cashmore for appellant.
Harry Yarm and Abraham Porter for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., and SEARS, J., on the ground that errors in the charge require a reversal.