Opinion
Argued November 20, 1940
Decided December 31, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, FROESSEL, J.
Otto C. Sommerich, Maxwell C. Katz and Henry I. Fillman for appellant.
Harold R. Topken for respondent.
Order affirmed, with costs, and question certified answered in the affirmative. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.