Order affirmed, with costs; second question certified answered in the negative; first question not answered; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.
(Submitted February 17, 1928;
decided March 27, 1928.)
*593 Maurice M. Cohn for appellant.
Emerson F. Davis and Daniel S. Murphy for respondent.
Order affirmed, with costs; second question certified answered in the negative; first question not answered; no opinion.
Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.
247 N.Y. 592
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