Submitted June 5, 1944
Decided July 19, 1944
Appeal from the Supreme Court, Appellate Division, First Department, EDER, J.
Herbert G. McLear for appellant.
Anthony J. Russo and John T. Smith for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY and DESMOND, JJ. Taking no part: THACHER, J.