Opinion
December 8, 1944.
Present — Martin, P.J., Townley, Glennon, Untermyer and Dore, JJ.;
Judgment affirmed, with costs. No opinion.
Untermyer, J., concurs in the affirmance of the judgment on the ground that the statement complained of was made in the presence of the defendant Barber and that the jury could infer from his failure to deny it an admission of its accuracy. [See post, pp. 1027, 1039.]