Opinion
Argued October 9, 1950
Decided October 19, 1950
Appeal from the Supreme Court, Appellate Division, First Department, LEVY, J.
Herman Rosenfeld and William L. Standard for appellant.
Harry H. Van Aken, Macdonald De Witt, C. Coudert Nast and William E. Flannery for respondent.
Judgment of Appellate Division reversed and order of Special Term affirmed, with costs in this court and in the Appellate Division. (See Katapodis v. Brooklyn Spectator, Inc., 287 N.Y. 17, 20; Mencher v. Chesley, 297 N.Y. 94.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ. FROESSEL, J., dissents and votes to affirm.