Opinion
Argued October 1, 1947
Decided October 16, 1947
Appeal from the Supreme Court, Appellate Division, First Department, VALENTE, J.
Milton N. Mound, Ira Schlusselberg and Julius J. Abeson for appellant.
Bernard Hershkopf, William Klein, Milton R. Weir and Adolph Lund for respondents.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., DESMOND, THACHER, DYE and FULD, JJ.; LEWIS and CONWAY, JJ., dissent and vote for reversal upon the ground that it cannot be said upon the present record that "there is in truth nothing to be tried" ( Curry v. Mackenzie, 239 N.Y. 267, 270).