Opinion
November 14, 1938.
Present — Lazansky, P.J., Hagarty, Davis, Adel and Taylor, JJ. On the court's own motion, the order entered October 6, 1938, on the decision of June 6, 1938 [ 254 App. Div. 870], is resettled so as to eliminate as unnecessary, in view of the basis of our decision, conclusions of law numbered 1, 2 and 3.
Present — Lazansky, P.J., Carswell, Davis, Johnston and Taylor, JJ.
Motion for reargument denied, without costs.