Opinion
Argued April 19, 1933
Decided May 23, 1933
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Edward H. Kavinoky for appellant.
Frank Gibbons for respondent.
Order affirmed, with costs; no opinion.
Concur: POUND, Ch. J., CRANE, KELLOGG, O'BRIEN and CROUCH, JJ. LEHMAN, J., dissents and votes to dismiss the whole proceedings for declaratory judgment. Not sitting: HUBBS, J.