Opinion
Argued June 8, 1944
Decided July 19, 1944
Appeal from the Supreme Court, Appellate Division, First Department, VALENTE, J.
Sol Tekulsky and Joseph H. Muller for appellant.
Adolph S. Ziegler and Harry H. Lipsig for respondent.
Judgment of Appellate Division reversed and that of Special Term affirmed, without costs, on the ground that the findings of the Special Term are in accord with the weight of the evidence. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.