Opinion
Argued January 12, 1943
Decided March 4, 1943
Appeal from the Supreme Court, Appellate Division, Second Department, FENNELLY, J.
Irving Ginsberg for appellant.
Michael H. Grae and Jesse D. Berman for respondents.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. LEHMAN, Ch. J., dissents on the ground that the evidence does not sustain a finding that there was a complete failure of consideration.