Opinion
Argued February 28, 1939
Decided April 4, 1939
Appeal from the Supreme Court, Appellate Division, First Department.
William C. Chanler, Corporation Counsel ( Paxton Blair and Edward J. McGratty, Jr., of counsel), for appellant.
Bernard Budnick for respondent.
Judgment affirmed, with costs; no opinion.
Concur: O'BRIEN, HUBBS, LOUGHRAN and RIPPEY, JJ. Dissenting: CRANE, Ch. J., LEHMAN and FINCH, JJ.