Opinion
Submitted October 10, 1941
Decided November 19, 1941
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( Francis R. Curran, W. Gerard Ryan and Henry Epstein of counsel), for appellant.
Joseph R. Kelley for respondent.
Order affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS and DESMOND, JJ. Dissenting: CONWAY, J.