Opinion
Argued June 2, 1941
Decided July 29, 1941
Appeal from the Supreme Court, Appellate Division, First Department, SCHMUCK, J.
John J. Tullman and R. Robert Caplan for appellant.
Frederick Mellor and John S. Bennett for respondent.
Judgment affirmed, without costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY and LEWIS, JJ. CONWAY and DESMOND, JJ., dissent and vote to reverse the judgment of the Appellate Division and reinstate the verdict on the dissenting opinion of Mr. Justice DORE in the Appellate Division.