Opinion
Submitted September 28, 1937
Decided October 12, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
John J. O'Connell for appellant.
Paul Windels, Corporation Counsel ( William S. Gaud, Jr., and Paxton Blair of counsel), for city of New York, respondent.
Copal Mintz and Hyman Korn for Charles A. Buckley, respondent.
Murray D. Welch for AEtna Casualty and Surety Company et al., impleaded defendants.
Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.