Order affirmed, with costs, and question certified answered in the negative. No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loeghran and Finch, JJ. Dissenting: Rippey, J.
Argued March 1, 1938;
decided March 15, 1938.
*667Robert H. Elder and Otho S. Bowling for appellant.
Charles Blank, James Dempsey and Robert E. Dempsey for respondents.
Order affirmed, with costs, and question certified answered in the negative. No opinion.
Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loeghran and Finch, JJ. Dissenting: Rippey, J.
277 N.Y. 666
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