Opinion
Argued October 8, 1951
Decided October 19, 1951
Appeal from the Supreme Court, Appellate Division, Fourth Department, LAMBIASE, J.
Albert V. Moore for appellant.
Nathaniel L. Goldstein, Attorney-General ( Henry S. Manley and Wendell P. Brown of counsel), for respondent.
Kernan Kernan for Fidelity Casualty Company of New York, amicus curiae, in support of respondent's position.
Judgment affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.