Opinion
Argued January 14, 1941
Decided March 6, 1941
Appeal from the Supreme Court, Appellate Division, Third Department, GALLUP, J.
Robert G. Blabey and Milo R. Kniffen for appellant.
Samuel Rubin for respondent.
Judgments reversed and complaint dismissed on the authority of Adler, Inc., v. Noyes.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, LEWIS, CONWAY and DESMOND, JJ. Dissenting: RIPPEY, J.