Opinion
Argued March 7, 1945
Decided April 12, 1945
Appeal from the Supreme Court, Appellate Division, Third Department, IMRIE, J.
Alfred D. Dennison for appellant.
Herman S. Axelrod for respondent.
Judgment affirmed, with costs. The question of statutory construction argued in the briefs is not presented upon this record. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.