Opinion
Argued October 2, 1934
Decided October 16, 1934
Appeal from the Supreme Court, Appellate Division, Fourth Department.
R. Randolph Hicks and John W. Van Allen for plaintiff, appellant and respondent.
George L. Grobe, Corporation Counsel ( Jeremiah J. Hurley of counsel), for defendant, respondent and appellant.
On the appeal of the plaintiff: Judgment affirmed, without costs.
On the appeal of the defendant: Order affirmed, without costs. First question certified answered in the affirmative. Second question certified answered in the negative. No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ.