Opinion
Argued January 12, 1954
Decided March 12, 1954
Appeal from the Supreme Court, Appellate Division, First Department, HECHT, J.
Simon H. Rifkind and Jay H. Topkis for appellant.
David M. Freedman, Vito Marcantonio and Abraham Unger for respondent.
Order affirmed. First and second questions certified answered in the affirmative. Third question certified answered in the negative. No opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ. Taking no part: VAN VOORHIS, J.