Opinion
Argued September 30, 1940
Decided October 18, 1940
Appeal from the Supreme Court, Appellate Division, First Department, COLLINS, J.
Alfred B. Nathan, A.J. Asche and Louis P. Frank for appellant.
Alonzo L. Tyler and Leonard G. Bisco 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.