Opinion
Argued October 6, 1949
Decided December 2, 1949
Appeal from the Supreme Court, Appellate Division, Second Department, COLDEN, J.
Matthew S. Gibson and Frederick L. Scofield for motion.
John W. MacDonald, Thomas J.P. Cawley, Horace E. Whiteside and Rudolf B. Schlesinger opposed.
Motion denied, without costs. Upon the hearing of the appeal the parties may reargue the question whether the decision of the Appellate Division ( 275 App. Div. 770) is in accord with the remittitur of this court.