Opinion
Argued March 19, 1937
Decided April 20, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
Joseph A. Teperson for appellant.
David Altman and Hyman J. Reit for respondent.
Judgment of the Appellate Division and that of the Special Term reversed, and complaint dismissed, with costs in all courts, on the authority of Stillwell Theatre, Inc., v. Kaplan ( 259 N.Y. 405). No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.