Opinion
Argued October 11, 1938
Decided October 25, 1938
Appeal from the Supreme Court, Appellate Division, Fourth Department.
Ralph W. Dox and Ulysses S. Thomas for appellant.
Albert J. Waterman for respondent.
Judgment affirmed, with costs; no opinion. (See 279 N.Y. 685.)
Concur: LEHMAN, O'BRIEN, LOUGHRAN and FINCH, JJ. Dissenting: CRANE, Ch. J., HUBBS and RIPPEY, JJ.