
    Horn & Hardart Company, Plaintiff, v. 115 East 14th Street Company, Inc., Defendant-Respondent, and Third Holding Corporation, Defendant-Appellant.
    Argued February 28, 1944;
    decided April 6, 1944.
    
      
      Charles H. Tuttle, Stoddard B. Colby and Charles Fredericks for appellant.
    
      William D. Embree and Samuel R. Ballin for respondent.
   Judgment affirmed, with costs. Motion to dismiss appeal denied. No opinion.

Concur: Lehman, Ch. J., Loughran, Rippey, Lewis, CoNWay, Desmond and Thacher, JJ.  