Opinion
April, 1931.
Judgment affirmed, with costs. No opinion. Young, Hagarty and Tompkins, JJ., concur; Lazansky, P.J., and Carswell, J., concur except as to that part of the judgment which affords affirmative relief to defendant Whalen, as to which they dissent upon the ground that Whalen did not make a tender of the amount actually paid by plaintiff.