Opinion
Argued October 6, 1938
Decided October 25, 1938
Appeal from the Supreme Court, Appellate Division, Second Department.
John P. McGrath for appellant.
Murray E. Harston and Sidney Hein for respondent.
Order affirmed, with costs. First question certified answered in the affirmative; second question certified not answered. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.