Opinion
Argued May 17, 1939
Decided May 31, 1939
Appeal from the Supreme Court, Appellate Division, First Department.
Wilfred S. Stachenfeld, Jacob J. Sachs and A. Alan Reich for plaintiff, appellant and respondent.
William C. Chanler, Corporation Counsel ( Stanley Buchsbaum and Albert Cooper of counsel), for defendants, respondents and appellants.
Order affirmed, without costs. Question certified as to first defense answered in the affirmative. Question certified as to second defense answered in the negative. No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.