Opinion
Argued October 20, 1930
Decided November 18, 1930
Appeal from the Supreme Court, Appellate Division, First Department.
Samuel Sturtz for appellant.
Stanley S. Groggins for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, for the reason stated in the dissenting memorandum of O'MALLEY, J., in the court below; no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.