
    Bernard Flaherty, Respondent, v. Nick F. Helmers, Inc., et al., Appellants.
    Supreme Court, Appellate Term, First Department,
    May 16, 1944.
    
      
      Emil V. Pilz for appellants.
    
      Samuel Schacter and George Dines for respondent.
   Judgment affirmed, with twenty-five dollars costs, and respondent allowed twenty-five dollars attorney’s fee.

Concur: Hammer and Heght, JJ. Dissenting: Eder, J.

Eder, J.

(dissenting). I dissent upon the ground that in the circumstances shown appellants were not engaged in “ commerce  