Opinion
Argued May 8, 1930
Decided June 3, 1930
Appeal from the Supreme Court, Appellate Division, Second Department.
Jacob J. Alexander, John T. Loughran and Edward J. Dowling for appellant.
Francis P. Burns for respondent.
Order of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division on the authority of Townsend v. Whitney ( 75 N.Y. 425).
Concur: CARDOZO, Ch. J., POUND, CRANE, KELLOGG, O'BRIEN and HUBBS, JJ. Not sitting: LEHMAN, J.