Opinion
Argued September 30, 1936
Decided October 20, 1936
Appeal from the Supreme Court, Appellate Division, First Department.
Lionel S. Popkin for appellants.
S. Harry Eilenberg and Harold F. Levin for respondent.
Order affirmed, with costs, and question certified answered in the negative. Johnston v. Trask ( 116 N.Y. 136) has not been overruled or modified by DeWaal v. Jamison ( 226 N.Y. 644). (See, also, Hyman-Michaels Co. v. Senior Palmer, Inc., 265 N.Y. 266.) No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, CROUCH, LOUGHRAN and FINCH, JJ.