Opinion
Argued April 21, 1937
Decided May 25, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
Hyman J. Reit for appellant.
Bernard Hershkopf, Karl Propper and Abraham Leichter for respondents.
Orders reversed and matter remitted to Special Term to proceed in accordance with Heiman v. Bishop ( 272 N.Y. 83), with costs in all courts to abide the event. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.