Opinion
September, 1935.
Present — Sears, P.J., Taylor, Edgcomb, Crosby and Lewis, JJ.
Motion for a reargument denied, with ten dollars costs; motion for leave to appeal to the Court of Appeals denied on the ground that the affirmance by this court [ 244 App. Div. 674] was upon the question of fact as a result of which the question of law referred to in the moving papers was not material to the decision. We also deny the motion because it was not made within the required time.