Opinion
Argued June 5, 1945
Decided July 19, 1945
Appeal from the Supreme Court, Appellate Division, First Department, BOTEIN, J.
Leo E. Sherman for appellant.
Nanette Dembitz and Alfred Berman for Equitable Estates, Inc., amicus curiae, in support of appellant's position.
John J. Cunneen and Philip J. Ross for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LEWIS, CONWAY, DESMOND and DYE, JJ. Taking no part: LOUGHRAN and THACHER, JJ.