Opinion
Argued May 25, 1955
Decided July 8, 1955
Appeal from the Supreme Court, Appellate Division, Third Department, NEWMAN, J.
James B. Gitlitz for appellant.
William F. Conway for respondent.
Order affirmed, without costs. First question certified answered in the negative. Second question certified answered in the affirmative. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE, JJ.