Opinion
Argued October 4, 1943
Decided November 24, 1943
Appeal from the Supreme Court, Appellate Division, First Department, HOFSTADTER, J.
George R. Fearon, Jackson R. Collins, Richard O. Wiesner and M. Harold Dwyer for appellant.
Irwin Slater for respondent.
Orders reversed and complaint dismissed, with costs in all courts, and question certified answered in the negative, on the authority of Di Nome v. Personal Finance Company of New York ( 291 N.Y. 250) decided herewith. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.