Opinion
Argued November 20, 1934
Decided December 7, 1934
Appeal from the Supreme Court, Appellate Division, Second Department.
Raymond T. Heilpern and Otto C. Sommerich for appellant.
John J. Curtin and Maurice Leon, appearing specially for respondent.
Order reversed, without costs and motion granted, without costs. Question certified answered in the negative on the authority of Issaia v. Russo-Asiatic Bank ( 266 N.Y. 37). No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ.