Opinion
Argued June 2, 1942
Decided July 29, 1942
Appeal from the Supreme Court, Appellate Division, Fourth Department, DYE, J.
John F. Nash and John C. Smith for appellant.
John J. Bennett, Jr., Attorney General ( James H. Glavin, Jr., of counsel), for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY and DESMOND, JJ. Dissenting: LEWIS and CONWAY, JJ. Taking no part: LEHMAN, Ch. J.