Opinion
Argued January 20, 1943
Decided March 4, 1943
Appeal from the Supreme Court, Appellate Division, Fourth Department, GILBERT, J.
William F. Conway for appellant.
Albert E. Hollis for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch J., LOUGHRAN, FINCH, RIPPEY, LEWIS, and DESMOND, JJ. CONWAY, J., dissents and votes to grant a new trial.