
    Paramount Pictures, Inc., Appellant, v. Ben Blumenthal, Respondent.
    Argued September 25, 1939;
    decided October 10, 1939.
    
      
      Louis Phillips, William P. Thomas, Irving Cohen and Austin C, Keough for appellant.
    
      I. Maurice Wormser, WilUam Klein, Milton R. Weinberger and Adolph Lund for respondent.
   Appeal dismissed, with costs, and certified question not answered. The certified question is not decisive of the issue, which is one of fact, It is not a question of power but of discretion. No opinion.

Concur: Crane, Ch. J., Lehman O’Bbien, Hubbs, Loughban, Finch and Rippey, JJ.  