Opinion
Submitted October 16, 1947
Decided November 13, 1947
Appeal from the Supreme Court, Appellate Division, Second Department, SMITH, J.
Joseph Rosenberg and Maurice Smiley for respondent.
Nathaniel Ellenbogen for appellant.
Order affirmed, without costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.