| N.Y. App. Div. | May 10, 1939
Justice Rhodes, who sat upon the argument of this case, having died and the remaining justices, qualified to hear the appeal in the above-entitled action, being equally divided, the court, in accordance with section 618 of the Civil Practice Act, directs the appeal to be sent to the Appellate Division, Fourth Judicial Department, to be there heard and determined. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.