Opinion
Argued March 4, 1941
Decided April 17, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, HALLINAN, J.
Sylvester Benjamin for appellants.
Nicholas F. Dyruff for Tempa E. Dyruff, respondent.
William L. Shumate for Bernheim Contracting Company, Inc., respondent.
Samuel E. Swiggett for Herman Kishner, respondent.
Appeal from order of Appellate Division granting new trial dismissed, with costs. Judgment of Appellate Division dismissing the complaint as to Tempa E. Dyruff affirmed, with costs. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.