Opinion
Argued January 10, 1947
Decided February 28, 1947
Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.
Bernard L. Bermant and Henry N. Rapaport for appellant.
Nathaniel L. Goldstein, Attorney-General ( Abe Wagman and Wendell P. Brown of counsel), for respondents.
Order affirmed, with costs. The first and second questions certified are answered in the affirmative. The third question certified is answered in the negative. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.