Opinion
Submitted January 11, 1929
Decided February 13, 1929
Appeal from the Supreme Court, Appellate Division, Third Department.
George A. Reilly, Corporation Counsel ( Charles J. Duncan and Anthony DeStephano of counsel), for appellant.
Frank L. Wiswall for respondent.
Judgment affirmed, with costs; no opinion.
Concur: POUND, CRANE, O'BRIEN and HUBBS, JJ. Dissenting: CARDOZO, Ch. J., LEHMAN and KELLOGG, JJ.