Opinion
Argued October 7, 1942
Decided October 29, 1942
Appeal from the Supreme Court, Appellate Division, Second Department.
Frank H. Connelly, Jr., for appellant.
Joseph G. Gubman for Eastern Bowling Proprietors Assn., Inc., amicus curiae. Dante D'Alessandro and Robert J. Trainor for respondent.
Judgment reversed and judgment directed in favor of the appellant, without costs, upon the authority of People ex rel. National Exhibition Co. v. Miller ( 288 N.Y. 698). No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.