Opinion
Reargued January 19, 1943.
Decided March 4, 1943
Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.
Horace R. Lamb for plaintiff-respondent on reargument.
John W. Davis, Morris Buchter, Sidney Abrams and Harold M. Hoffman for defendant-appellant on reargument.
Upon reargument, the court adheres to its original decision, viz: Judgment of Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.