Opinion
Argued May 17, 1950
Decided June 2, 1950
Appeal from the Supreme Court, Appellate Division, First Department, HECHT, J.
David Harrison for appellant.
Milton S. Gould and George Trosk for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FROESSEL, JJ. FULD, J., dissents and votes to reverse the judgment and to render declaratory judgment in favor of the plaintiff.