Opinion
Argued May 16, 1950
Decided May 26, 1950
Appeal from the Supreme Court, Appellate Division, First Department, VALENTE, J.
Myron J. Greene, Maurice J. Schulkind and Irving Michael Atkin for appellant.
Vincent J. Malone and Frederick M. Jennings for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, upon the ground that the decision of the Trial Term is in accordance with the weight of the evidence. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.