Opinion
Argued January 8, 1934
Decided January 23, 1934
Appeal from the Supreme Court, Appellate Division, First Department.
William J. Rapp and Peter J. Larney for appellant.
John J. McGinty for respondent.
Appeal dismissed in each case, with costs. In order to answer the question certified this court must determine a question of fact which it has no power to do. ( Bowlby v. McQuail, 240 N.Y. 684.) No opinion.
Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ.