Opinion
June 16, 1941.
Present — Lazansky, P.J., Hagarty, Carswell, Taylor and Close, JJ.
Motion for reargument denied, without costs. Motion for leave to appeal to the Court of Appeals pursuant to section 588, subdivision 4, of the Civil Practice Act, granted [see ante, p. 765], and the following question certified: Is the defendant entitled to a new trial?