Opinion
Argued June 1, 1949
Decided July 19, 1949
Appeal from the Supreme Court, Appellate Division, First Department, KOCH, J.
George F. Reid for appellant.
Samuel Weinberg, Jacob M. Dinnes and Harold H. Cutler for respondent.
Judgment affirmed, with costs. Order of Appellate Division insofar as it affirms the denial of summary judgment to plaintiff affirmed. Question certified answered in the affirmative. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ.