Opinion
Argued January 15, 1943
Decided March 4, 1943
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
Howard Osterhout, Chester W. Cuthell and Robert W. Maloney Jr., for appellant.
Frederick E. Draper for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Dissenting: LOUGHRAN and FINCH, JJ.