Opinion
Submitted January 18, 1940
Decided February 27, 1940
Appeal from the Supreme Court, Appellate Division, Fourth Department, ANNABEL, J.
Sol M. Linowitz for appellant.
Frederick Wiedman for respondent.
Judgment of the Appellate Division reversed and that of Special Term affirmed, without costs, on the ground that the weight of evidence sustains the judgment of the Special Term. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ. Taking no part: SEARS and LEWIS, JJ.