Opinion
Submitted February 28, 1940
Decided March 15, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, CLOSE, J.
Edmund Fitzgerald for appellant.
Arthur B. Hart for respondent.
Order affirmed, without costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.