Opinion
Argued November 11, 1947
Decided November 20, 1947
Appeal from the Supreme Court, Appellate Division, Fourth Department, VAUGHAN, J.
Austin W. Erwin for appellant.
Thomas L. Toan for respondent.
Order of Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the findings of the Special Term are in accordance with the weight of the evidence. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.