Opinion
Argued October 3, 1940
Decided October 18, 1940
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
T. Carl Nixon for appellant.
Gay H. Brown and Sherman C. Ward for respondents.
Order affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ. Taking no part: LEHMAN, Ch. J.