Opinion
Argued January 6, 1941
Decided January 23, 1941
Appeal from the Supreme Court, Appellate Division, First Department.
Newton K. Fox for appellant.
William C. Chanler, Corporation Counsel ( Sol Charles Levine and Edmund B. Hennefeld of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, CONWAY and DESMOND, JJ. Dissenting: RIPPEY and LEWIS, JJ.