Opinion
Argued January 9, 1930
Decided February 11, 1930
Appeal from the Supreme Court, Appellate Division, Third Department.
Benjamin F. Feinberg and Harold A. Jerry for plaintiff-appellant and respondent.
Thomas F. Conway, Thomas E. O'Brien and William F. Pritchard for defendant-respondent and appellant.
Upon appeal by defendant, judgment affirmed, with costs. Upon appeal by plaintiff, appeal dismissed, without costs; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, O'BRIEN and HUBBS, JJ. Not sitting: KELLOGG, J.