Opinion
Submitted November 19, 1943
Decided January 6, 1944
Appeal from the Supreme Court, Appellate Division, First Department, McGEEHAN, J.
Clarence E. Mellen for appellant.
James J. McLoughlin and John J. Kirwan for respondent.
Judgment affirmed, with costs on the authority of Semanchuck v. Fifth Ave. 37th St. Corp. ( 290 N.Y. 412). No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.