Opinion
Argued October 5, 1948
Decided October 21, 1948
Appeal from the Supreme Court, Appellate Division, Second Department, SCHMIDT, J.
John B. Wheeler for appellant.
Frank H. Connelly, Jr., and William M. Pollack for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ. Taking no part: THACHER, J.