Opinion
Submitted September 27, 1939
Decided November 14, 1939
Appeal from the Supreme Court, Appellate Division, Second Department, CUFF, J.
Joseph Lotterman and Louis A. Tepper for appellant.
Bernard Diamond and Jacquin D. Bierman for respondent.
Order affirmed, with costs, and question certified answered in the negative. No opinion.
Concur: LEHMAN, O'BRIEN, LOUGHRAN and RIPPEY, JJ. Dissenting: HUBBS and FINCH, JJ. Taking no part: CRANE, Ch. J.