Opinion
February 11, 1948.
Appeal from the Municipal Court of the City of New York, Borough of Manhattan, GENUNG, J.
J. Sloame Immerman and Jacob Neumark for respondent.
Thomas P. Farley and Eugene H. Southall for appellant.
The final order should be reversed, with $30 costs, on authority of Reed v. Bell Co. ( 188 Misc. 914). Appeal to the Appellate Division in that case which was adjusted has been withdrawn. On consent of counsel and by reason of the lamented death of our colleague Mr. Justice McLAUGHLIN, and division of opinion, this appeal has been added to the January, 1948, calendar. Leave to appeal to the Appellate Division is granted.
HAMMER and EDER, JJ., concur.
I dissent from reversal and vote for affirmance for the reasons stated in my dissenting opinion in the Reed case ( supra).
Final order reversed, etc.