Judgment of the Appellate Division modified by striking out that portion thereof which decrees that the defendant union forthwith restore the plaintiff to the position at the City Theatre which he held on September 24, 1933, and as so modified affirmed, without costs. No opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Herbs, Loeghran and Finch, JJ. Not sitting: Croech, J.