Opinion
Argued January 2, 1945
Decided February 21, 1945
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
Otis T. Bradley and Patrick J. Kearney for appellant.
Philip J. Maron, Colman Gray and J. David Delman for respondent.
Judgment affirmed, with costs payable out of the fund; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.