Opinion
Argued December 6, 1933
Decided January 9, 1934
Appeal from the Supreme Court, Appellate Division, Second Department.
Herman Horowitz, Benjamin Algase and Edward J. Knitzer for appellant.
Sol A. Hyman and Milton H. Greenwald for respondent.
Judgment reversed and judgment for appellant directed with costs in all courts, on the ground that there is no substantial evidence to sustain the judgment; no opinion.
Concur: CRANE, LEHMAN, HUBBS and CROUCH, JJ. Dissenting: POUND, Ch. J., KELLOGG and O'BRIEN, JJ.