Opinion
Argued January 7, 1937
Decided March 9, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
Seth T. Cole and Mortimer M. Kassell for appellant.
Clarence W. Archibold for respondent.
Appeal dismissed, with costs. A constitutional question is not solely presented. The case could have been, and was, decided upon the construction of a statute. (Civ. Prac. Act, § 588, subd. 1.) No opinion.
Concur: CRANE, Ch. J., O'BRIEN, HUBBS, LOUGHRAN and RIPPEY, JJ. Taking no part: LEHMAN and FINCH, JJ.