Opinion
Argued October 5, 1939
Decided October 20, 1939
Appeal from the Supreme Court, Appellate Division, Third Department, FOSTER, J.
Samuel J. Cohen for appellant.
Ellsworth Baker for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.