Opinion
Argued October 8, 1940
Decided November 13, 1940
Appeal from the Supreme Court, Appellate Division, First Department, CAREW, J.
Henry H. Salzberg, Benjamin Beskin and Milton A. Horowitz for plaintiff, appellant and respondent.
Burt D. Whedon for defendant, respondent and appellant.
On appeal from judgment: Judgment affirmed, without costs. No opinion.
On appeal from order: Order affirmed, without costs. First question certified answered in the affirmative. Second question certified not answered. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.