Opinion
Argued November 12, 1940
Decided November 26, 1940
Appeal from the Supreme Court, Appellate Division, First Department, CHURCH, J.
Leonard G. Bisco, George B. Balamut and Herbert B. Gitlin for appellant.
Hyman Gold for respondent.
Order affirmed, with costs, on the ground there is evidence to sustain the findings of the referee. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS and CONWAY, JJ. Dissenting: LEWIS, J.