Opinion
May 22, 1951.
Present — Peck, P.J., Glennon, Cohn, Callahan and Shientag, JJ.;
Judgment affirmed, with costs. No opinion.
Peck, P.J., and Shientag, J., dissent and vote to reverse and order a new trial on the ground that the case should have been submitted to the jury. (See Nelson v. Mills Music., Inc., ante, p. 311, decided herewith.)