Opinion
Argued June 10, 1948
Decided July 16, 1948
Appeal from the Supreme Court, Appellate Division, Third Department, BERGAN, J.
Robert Lamont for appellant.
Robert J. Leamy for respondents.
Judgment of the Appellate Division reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the weight of the evidence supports the findings of the Special Term. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, DESMOND, THACHER, DYE and FULD, JJ. Taking no part: CONWAY, J.