Opinion
Argued March 5, 1935
Decided March 19, 1935
Appeal from the Supreme Court, Appellate Division, First Department.
Gustavus A. Rogers and Abraham Benedict for appellant.
Frederick H. Wood and Harold F. McGuire for defendant-respondent, appearing specially.
Order affirmed, with costs. First question certified answered in the negative; third question certified answered in the affirmative; and second question certified not answered. No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS, CROUCH and LOUGHRAN, JJ. Not sitting: LEHMAN and FINCH, JJ.