Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, THACHER and FULD, JJ. Dissenting: DESMOND and DYE, JJ., on the ground that plaintiff was entitled to summary judgment and an assessment of damages.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, THACHER and FULD, JJ. Dissenting: DESMOND and DYE, JJ., on the ground that plaintiff was entitled to summary judgment and an assessment of damages.