Opinion
Submitted October 22, 1937
Decided November 16, 1937
Appeal from the Supreme Court, Appellate Division, First Department.
Dickinson S. Talley for appellant.
J. George Levy for respondent.
Judgments reversed and complaint dismissed, with costs in all courts, on authority of Kirby v. Newman ( 239 N.Y. 470). No opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN, FINCH and RIPPEY, JJ.