
    Francis V. Hurley, Appellant, v. Jack Rose, Respondent, Impleaded with Others. (Actions Nos. 1 and 2.)
    (Submitted March 1, 1934;
    decided March 20, 1934.)
    
      
      Thomas R. Hart, Jr., and Charles J. McDermott for appellant.
    
      John Bogart and Jacob J. Kolwit for respondent.
   In each case, order of the Appellate Division reversed and that of Special Term affirmed, with costs in this court and in the Appellate Division; and question certified answered in the affirmative. (Datz v. Economy Cotton Goods Stores, Inc., 263 N. Y. 252.) No opinion.

Concur: Pound, Ch. J., Crane, Lehman, O’Brien, Hubbs and Crouch, JJ. Not sitting: Kellogg, J.  