Opinion
Argued October 8, 1945
Decided October 26, 1945
Appeal from the Supreme Court, Appellate Division, Second Department, LOCKWOOD, J.
Frederick E. Weinberg and Nathan H. Elman for appellant.
Jules Roth for respondent.
Judgment affirmed, with costs, on the ground that the defendant failed to sustain the burden of establishing his partial defense of the Statute of Limitations. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and MEDALIE, JJ.