Opinion
Argued October 3, 1928
Decided October 23, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
Ben Herzberg and Kenneth F. Simpson for appellant.
Albert Ottinger, Attorney-General ( Timothy J. Shea, William H. Milholland and Francis J. Quillinan of counsel) for respondent.
Order affirmed, with costs; first question certified answered in the affirmative; second in the negative; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.