Order affirmed, with costs. *Page 652
First question certified answered in the negative, and second question certified not answered. No opinion. (See Matter ofMoran v. La Guardia, 270 N.Y. 450.)
Concur: CRANE, Ch. J., LEHMAN, HUBBS and FINCH, JJ. Dissenting: O'BRIEN, CROUCH and LOUGHRAN, JJ.