Opinion
Submitted June 7, 1940
Decided July 24, 1940
Appeal from the Supreme Court, Appellate Division, First Department, COLLINS, J.
Gustave G. Rosenberg for appellant.
George J. Stacy, James J. Mahoney and Paul L. Murphy for respondent.
Judgment of Appellate Division reversed, with costs in this court and in the Appellate Division, and judgment of Trial Term affirmed. The record presents questions of fact which were properly submitted to the jury. No opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, LEWIS and CONWAY, JJ. Dissenting: LEHMAN, Ch. J., and SEARS, J.