
    Daniel A. McKeever, Respondent, v. William F. Schwerin et al., Defendants, and Carl J. Hynes, Appellant.
    Argued April 22, 1948;
    decided May 21, 1948.
    
      
      Melvin F. Kinldey for appellant.
    
      Stanford H. Waite for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Loughkan, Oh. J., Conway, Desmond, Thacheb and Dye, JJ.; Lewis and Fuld, JJ., dissent and vote for reversal of the judgment and dismissal of the complaint as against the defendant Hynes, with costs in all courts.  