Opinion
May, 1935.
Present — Lazansky, P.J., Young, Carswell, Tompkins and Johnston, JJ. [See 243 App. Div. 798; 244 id. 744.] On reargument, the motion for leave to appeal to the Court of Appeals is denied and the decision of this court handed down on April 18, 1935 [ ante, p. 744], is amended by striking therefrom the words "as unnecessary."
Present — Lazansky, P.J., Young, Carswell, Davis and Johnston, JJ.
Motion for reargument of motion for leave to appeal to the Court of Appeals granted.