Opinion
Submitted October 6, 1927
Decided November 22, 1927
Appeal from the Supreme Court, Appellate Division, First Department.
Charles Solomon, Louis P. Goldberg and Samuel S. Rosh for appellants.
John C. MacCarthy for respondent.
Order of Appellate Division reversed and motion for summary judgment granted, with costs in all courts on dissenting opinion of PROSKAUER, J., below; question certified answered in the affirmative.
Concur: POUND, CRANE, ANDREWS, LEHMAN and O'BRIEN, JJ. Dissenting: CARDOZO, Ch. J., and KELLOGG, J.