Opinion
Argued June 8, 1932
Decided July 19, 1932
Appeal from the Supreme Court, Appellate Division, Second Department.
James A. Gray and C.B. Dunham for appellant.
Walter L. Rathborne for respondent.
Judgment of the Appellate Division and that of the Trial Term reversed, and new trial granted, with costs to abide the event, on the authority of Maleeny v. Standard Shipbuilding Corp. ( 237 N.Y. 250). (Cf. Johnson v. U.S. Shipping Board, etc., 24 Fed. Rep. [2d] 963; reversed on other grounds, 280 U.S. 320; Matter of Pennsylvania R.R. Co., 48 Fed. Rep. [2d] 559.) No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.