Opinion
Reargued May 28, 1946
Decided June 13, 1946
Appeal from the Supreme Court, Appellate Division, Second Department, COYNE, J.
William A. Mulvey and Allen J. Weisman for appellant.
John R. Schwartz and M. Glenn Folger for respondents.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., DESMOND, THACHER and FULD, JJ.; LEWIS, CONWAY and DYE, JJ., dissent upon the ground that the evidence presented questions of fact for the jury.