Opinion
Argued January 11, 1937
Decided January 26, 1937
Appeal from the Supreme Court, Appellate Division, Second Department.
David P. Siegel, Samuel Hassen and Bernard Axler for appellant.
Charles P. Sullivan, District Attorney ( John H.W. Krogmann of counsel), for respondent.
Judgments reversed and new trial ordered. There is no evidence in this record to justify the submission of this case to the jury. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and RIPPEY, JJ. Taking no part: FINCH, J.