Opinion
Argued January 9, 1928
Decided January 20, 1928
Appeal from the Supreme Court, Appellate Division, First Department.
Gilbert H. Montague, Joseph W. Goodwin and John K. Holbrook, Jr., for appellant.
E. Raymond Shepard and Hiram C. Todd for respondent.
Order affirmed, with costs, on the authority of Hamlin v. Barrett Co. ( 246 N.Y. 554). First question certified answered in the negative; second not answered.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.