Opinion
Argued April 10, 1940
Decided April 26, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, NOVA, J.
Sigmund Eisenstein for appellant.
William C. Chanler, Corporation Counsel ( Paxton Blair of counsel), for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, SEARS and LEWIS, JJ. RIPPEY and CONWAY, JJ., dissent on the ground that a question of fact was presented.