Opinion
Submitted January 18, 1935
Decided April 26, 1935
Appeal from the Supreme Court, Appellate Division, Second Department.
Abraham Brill, Frank F. Bergenfeld and Martin I. Rose for appellant.
David H. Greenberg and Louis Selzer for respondent.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, on the authority of Darweger v. Staats ( 267 N.Y. 290). Question certified answered in the negative. No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS and LOUGHRAN, JJ. Dissenting: LEHMAN, CROUCH and FINCH, JJ.