Opinion
Argued April 22, 1941
Decided June 5, 1941
Appeal from the Supreme Court, Appellate Division, Second Department, KADIEN, J.
George W. Herz for appellant.
Desmond T. Barry, Edward A. Shandell and Clarence B. Tippett 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 ground that the findings of the Appellate Division are not in accord with the weight of evidence. No opinion.
Concur: LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ.