Opinion
Argued April 22, 1948
Decided May 21, 1948
Appeal from the Supreme Court, Appellate Division, Fourth Department, KINGSLEY, J.
Melvin F. Kinkley for appellant.
Stanford H. Waite for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., CONWAY, DESMOND, THACHER and DYE, JJ.; LEWIS and FULD, JJ., dissent and vote for reversal of the judgment and dismissal of the complaint as against the defendant Hynes, with costs in all courts.