Opinion
Argued March 23, 1961
Decided April 20, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES B. BRASSER, J.
Charles P. Knapp for appellant.
Robert E. Muehe for respondents.
Judgment of Appellate Division and order of Special Term reversed, without costs, and motion for summary judgment denied for the reasons stated in the dissenting opinion in the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.