Opinion
Argued June 12, 1946
Decided July 23, 1946
Appeal from the Supreme Court, Appellate Division, Third Department, O'CONNOR, J.
Edward S. Rooney and Eugene P. Devine for appellant.
Boris Schneeberg and Evelyn E. DeWitt for respondent. Jacquelin A. Swords for The Bowery Savings Bank and The Bank for Savings of the City of New York, amici curiae, in support of appellant's position.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and FULD, JJ. Taking no part: DYE, J.