Opinion
Argued January 12, 1940
Decided February 27, 1940
Appeal from the Supreme Court, Appellate Division, Second Department, FLANNERY, J.
Dermot C. Reilly, Emery J. Hey and Alexander Goldberg for appellant.
Herbert F. Hastings, Jr., for respondent.
Judgment affirmed, without costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ.