Opinion
Argued January 16, 1941
Decided February 27, 1941
Appeal from the Supreme Court, Appellate Division, First Department, KOCH, J.
William C. Chanler, Corporation Counsel ( Paxton Blair and Louis S. Carpenter of counsel), for appellant.
Jacquin Frank and Benjamin Glickman for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, FINCH, RIPPEY, CONWAY and DESMOND, JJ. Dissenting: LEHMAN, Ch. J., and LEWIS, J.