Opinion
Argued January 9, 1942
Decided February 26, 1942
Appeal from the Supreme Court, Appellate Division, First Department, BERNSTEIN, J.
George Brody and Harold Weiss for appellant.
John W. Bonney for respondent.
Judgment affirmed, without costs. We do not consider whether the request to charge would have been correct if the case had been tried on a different theory. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.