Opinion
Argued March 8, 1948
Decided April 22, 1948
Appeal from the Supreme Court, Appellate Division, First Department, SHIENTAG, J.
Ludwig Teller, Samuel Bushwick and Robert E. Tinsley for appellant.
Frank G. Opton and Austin D. Graham for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, THACHER and FULD, JJ. Dissenting: LEWIS and DYE, JJ.