Opinion
Argued June 5, 1941
Decided July 29, 1941
Appeal from the Supreme Court, Appellate Division, Third Department.
John J. Bennett, Jr., Attorney-General ( W. Gerard Ryan, Henry Epstein and Francis R. Curran of counsel), for appellant.
Casper V. Baltensperger for respondent.
Order affirmed, with costs; no opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.