Opinion
Argued April 20, 1954
Decided May 27, 1954
Appeal from the Supreme Court, Appellate Division, First Department, HAMMER, J.
Jacob Bachkoff and Edgar P. Feeley for appellant.
Harold V. McCoy for respondent.
Judgment of Appellate Division reversed and case remitted to that court for determination of the questions of fact, without costs to either party. (Civ. Prac. Act, § 602.) No opinion.
Concur: LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ.