Opinion
Argued April 2, 1930
Decided May 6, 1930
Appeal from the Supreme Court, Appellate Division, First Department.
Douglas Mathewson and Joseph T. Brown for appellant.
Harding Johnson for respondents.
Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the dissenting opinion of PROSKAUER, J., at the Appellate Division; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.