Opinion
Argued January 22, 1940
Decided March 5, 1940
Appeal from the Supreme Court, Appellate Division, First Department, BLACK, J.
Harry Kirshbaum for appellant.
W.D. Van Pelt and James L. Quackenbush for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., FINCH, SEARS and LEWIS, JJ. LOUGHRAN, RIPPEY and CONWAY, JJ., dissent and vote to reinstate the verdict.