Opinion
Argued April 15, 1929
Decided April 30, 1929
Appeal from the Supreme Court, Appellate Division, Second Department.
Francis E. Carberry for appellant.
Edward E. Fay for respondent.
Order affirmed, with costs. First question certified answered "yes." Second question answered "no;" no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.