Opinion
Argued October 13, 1942
Decided November 25, 1942
Appeal from the Supreme Court, Appellate Division, Fourth Department, VAUGHAN, J.
Selby G. Smith for appellant.
Emil L. Cohen and George E. Phillies for respondent.
Order affirmed, with costs. First question certified answered in the negative. Second question certified answered in the affirmative. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.