Opinion
Argued June 2, 1931
Decided June 16, 1931
Appeal from the Supreme Court, Appellate Division, Second Department.
Jay Leo Rothschild, Bernard Breitbart and Louis Rivkin for appellant.
Harold M. Phillips for respondent.
Judgment of the Appellate Division reversed and that of the Trial Term affirmed, with costs in this court and in the Appellate Division, on the authority of Altz v. Leiberson ( 233 N.Y. 16); no opinion.
Concur: CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG, O'BRIEN and HUBBS, JJ.