
    Samuel Graff, an Infant, by Harry Graff, His Guardian ad Litem, Appellant, v. Board of Education of the City of New York, Respondent.
    Argued April 10, 1940;
    decided April 26, 1940.
    
      
      Sigmund Eisenstein for appellant.
    
      William C. Chanler, Corporation Counsel (Paxton Blair of counsel), for respondent.
   Judgment affirmed, with costs; no opinion.

Concur: Lehman, Ch. J., Loughran, Finch, Sears and Lewis, JJ. Rippey and Conway, JJ., dissent on the ground that a question of fact was presented.  