Opinion
Argued January 8, 1940
Decided January 23, 1940
Appeal from the Supreme Court, Appellate Division, Fourth Department, KENYON, J.
William H. Emerson, Corporation Counsel ( Clarence M. Platt of counsel), for appellant.
George D. Newton for respondent.
Order affirmed, with costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and CONWAY, JJ. Taking no part: SEARS and LEWIS, JJ.