Opinion
Argued November 13, 1939
Decided November 28, 1939
Appeal from the Supreme Court, Appellate Division, Third Department.
Alfred C. Bennett and Benjamin Potoker for appellant.
John J. Bennett, Jr., Attorney-General ( W. Gerard Ryan, Henry Epstein and Francis R. Curran of counsel), for respondent.
Order affirmed, with costs. First question certified answered in the negative. Second question certified answered in the affirmative. No opinion.
Concur: CRANE, Ch. J., LEHMAN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ. Taking no part: O'BRIEN, J.