Opinion
Argued May 17, 1954
Decided July 14, 1954
Appeal from the Supreme Court, Appellate Division, First Department, SAMUEL J. HARRIS, Off. Ref.
Irvin C. Rutter for appellant.
Isidor J. Kresel and Harold I. Meyerson for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LEWIS, Ch. J., DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ. CONWAY, J., dissents and votes to reverse as to the second cause of action and to grant judgment for the plaintiff thereon for the reasons stated in the dissenting opinion by PECK, P.J., in the Appellate Division.