Opinion
January, 1928
Judgment affirmed, with costs. No opinion. Young, Kapper, Lazansky and Hagarty, JJ., concur. The late Presiding Justice, William J. Kelly, having died before voting in this case, is recorded as taking no part. The death of appellant after argument does not, in our opinion, prevent a decision. (See Smyth v. Sturgess, 110 N.Y. 665.)