Opinion
Argued May 15, 1944
Decided May 25, 1944
Appeal from the Supreme Court, Appellate Division, Third Department, RUSSELL, J.
Isadore Bookstein for appellant.
Joseph F. Purcell and John P. Judge for respondent.
Order affirmed; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY and DESMOND, JJ. Dissenting: THACHER, J. Taking no part: RIPPEY, J.