Opinion
Argued July 23, 1940
Decided July 24, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
Robert E. Whalen, Joseph J. Casey, John E. Wisely and John C. Watson for appellant.
Avrom M. Jacobs and Robert C. Poskanzer for respondent.
Judgment affirmed, without costs; no opinion.
Concur: FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ. LEHMAN, Ch. J., and LOUGHRAN, J., dissent and vote to reverse the judgment of the Appellate Division and to affirm the judgment of Special Term.