Opinion
Argued April 10, 1941
Decided April 24, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, MILLARD, J.
Hamilton Hicks and Richard Steel for appellant.
Richard Leo Fallon for respondent.
Order affirmed, with costs to the respondent payable out of the estate. No opinion.
Concur: LOUGHRAN, FINCH, LEWIS and DESMOND, JJ. CONWAY, J., dissents and votes to reverse upon the ground that a question of fact was presented which should have been submitted to the jury. ( Matter of Limberg, 277 N.Y. 129.) Taking no part: LEHMAN, Ch. J., and RIPPEY, J.