Majority
p. 1025Daniel A. McKeever, Respondent, v. William F. Schwerin et al., Defendants, and Carl J. Hynes, Appellant. Argued April 22, 1948; decided May 21, 1948.
p. 1026
Melvin F. Kinldey for appellant.
Stanford H. Waite for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Loughkan, Oh. J., Conway, Desmond, Thacheb and Dye, JJ.; Lewis and Fuld, JJ., dissent and vote for reversal of the judgment and dismissal of the complaint as against the defendant Hynes, with costs in all courts.