Majority
p. 550Paul Foley, Appellant, v. New York Evening Journal, Inc., Respondent. First Department, June 7, 1929.
Martin Conboy of counsel [David Asch with him on the brief; Griggs, Baldwin & Baldwin, attorneys], for the appellant.
William A. DeFord of counsel [Arthur Moynihan with him on the brief], for the respondent.
For the reasons stated in the opinion in Foley v. Press Publishing Co., 226 App. Div. 535 (handed down herewith) the order appealed from should be affirmed, with ten dollars costs and disbursements.
Present — Dowling, P. J., Merrell, Finch, McAvoy and Proskauer, JJ.
Order affirmed, with ten dollars costs and disbursements.