Opinion
January 30, 1931.
Appeal from Supreme Court of New York County.
Samuel D. Jones [ J. Chris. Murray with him on the brief], for the appellant.
Alexander P. Blanck, for the respondent.
Present — DOWLING, P.J., MERRELL, MARTIN, O'MALLEY and SHERMAN, JJ.; MERRELL, J., dissents.
For the reasons stated in the opinion of MARTIN, J., in Shea v. Falls Canning Co. ( 231 App. Div. 535), handed down herewith, the judgment and order appealed from should be reversed, with costs, and the motion denied, with ten dollars costs.
Judgment and order reversed, with costs, and motion denied, with ten dollars costs.