Opinion
Argued October 18, 1943
Decided December 2, 1943
Appeal from the Supreme Court, Appellate Division, First Department, CHURCH, J.
Francis T. Lynch, Milton C. Jacobs and William A. Jones for appellant.
Julius R. Lippman and Edward E. Lippman for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ. LEHMAN, Ch. J., dissents and votes to reverse and to dismiss the complaint.