Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Loughban, Ch. J., Conway, Desmond, Thacheb and Fuld, JJ. Dissenting: Lewis and Dye, JJ.
Argued March 8, 1948;
decided April 22, 1948.
*905Ludwig Teller, Samuel Bushwick and Robert E. Tinsley for appellant.
Franlt G. Opton and Austin D. Graham for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Loughban, Ch. J., Conway, Desmond, Thacheb and Fuld, JJ. Dissenting: Lewis and Dye, JJ.
297 N.Y. 903
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