Opinion
Argued April 15, 1935
Decided April 30, 1935
Appeal from the Supreme Court, Appellate Division, Second Department.
John C. McDermott, Albert J. Rifkind, Thomas T. Reilley and Philip Blumenthal for appellant.
Sol Douglas, Samuel Douglas and Coleman Charney for respondent.
Order affirmed, with costs, and question certified answered in the negative. No opinion.
Concur: LEHMAN, O'BRIEN, HUBBS and CROUCH, JJ. CRANE, Ch. J., LOUGHRAN and FINCH, JJ., concur on the ground that the motion should not have been entertained under rule 107, subdivision 9.