Judgment affirmed, with costs; no opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Froessel, JJ. Fuld, J., dissents and votes to reverse the judgment and to render declaratory judgment in favor of the plaintiff.
Argued May 17, 1950;
decided June 2, 1950.
*597David Harrison for appellant.
Milton S. Gould and George Trosk for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Froessel, JJ. Fuld, J., dissents and votes to reverse the judgment and to render declaratory judgment in favor of the plaintiff.
301 N.Y. 596
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