61 N.E.2d 454

BUSH TERMINAL BUILDINGS COMPANY, Respondent, v. BUSH TERMINAL RAILROAD COMPANY, Appellant.

Court of Appeals of the State of New York.Argued February 27, 1945
Decided April 5, 1945

Appeal from the Supreme Court, Appellate Division, Second Department, SMITH, J.

Page 724

Frederick E. Crane, Arthur Garfield Hays, John Schulman, Osmond K. Fraenkel and Morris Shilensky for appellant.

Charles E. Cotterill and Abner J. Grossman for respondent.

Order affirmed, with costs, and question certified answered in the affirmative; no opinion.

Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND, THACHER and DYE, JJ.

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