Opinion
June 6, 1941.
Present — Martin, P.J., O'Malley, Townley, Glennon and Untermyer, JJ.; Townley, J., dissents and votes to reverse the judgment, so far as appealed from, and dismiss the complaint, on the authority of Fritz v. Krasne ( 248 App. Div. 573; affd., 273 N.Y. 649).
Judgment, so far as appealed from, affirmed, with costs. No opinion.