Opinion
Argued February 28, 1944
Decided April 6, 1944
Appeal from the Supreme Court, Appellate Division, First Department, MILLER, J.
Charles Rothenberg and Albert F. Coyle, in person, for appellant.
Seymour J. Wilner for respondent.
Order affirmed, without costs. First question certified answered in the affirmative on the ground that section 846 of the Civil Practice Act would be inapplicable even in the absence of the exception. Second question certified answered in the negative. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.