Opinion
Argued October 2, 1940
Decided October 18, 1940
Appeal from the Supreme Court, Appellate Division, Third Department.
K.O. Mott-Smith, F.L. Wheeler and Clive C. Handy for appellant.
John J. Bennett, Jr., Attorney-General ( Edward J. Grogan, Jr., Timothy F. Cohan and Henry Epstein of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.