Opinion
Argued March 10, 1938
Decided April 12, 1938
Appeal from the Supreme Court, Appellate Division, Fourth Department.
David Diamond, Corporation Counsel ( Bart J. Shanahan of counsel), for appellant.
Harold Horowitz for respondent.
Judgment affirmed, with costs; no opinion.
Concur: CRANE, Ch. J., LEHMAN, O'BRIEN, LOUGHRAN and RIPPEY, JJ. Dissenting: HUBBS and FINCH, JJ.