Opinion
Argued October 15, 1935
Decided November 19, 1935
Appeal from the Supreme Court, Appellate Division, First Department.
Joseph Lotterman and Abner J. Rubien for appellant.
Henry H. Silverman, Theodore Ornstein and Abner H. Silverman for respondent.
Judgment of the Appellate Division modified by striking out that portion thereof which decrees that the defendant union forthwith restore the plaintiff to the position at the City Theatre which he held on September 24, 1933, and as so modified affirmed, without costs. No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ. Not sitting: CROUCH, J.