Opinion
Argued February 25, 1946
Decided March 7, 1946
Appeal from the Supreme Court, Appellate Division, First Department, WALTER, J.
I. Maurice Wormser and George Wolf for plaintiff-appellant.
John F.X. McGohey, United States Attorney ( John B. Creegan of counsel), for United States of America, intervener, appellant.
John J. Bennett, Corporation Counsel ( Frank J. Horan of counsel), for respondent.
Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ. MEDALIE, J., deceased.