Opinion
Submitted February 25, 1944
Decided April 6, 1944
Appeal from the Supreme Court, Appellate Division, Fourth Department, MOREHOUSE, J.
Dominick J. Parry for appellant.
John P. Gualtieri for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS and THACHER, JJ. Dissenting and voting for a new trial: RIPPEY, CONWAY and DESMOND, JJ.