Opinion
Argued May 24, 1961
Decided June 1, 1961
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ISADORE BOOKSTEIN, J.
John J. Scully for appellant.
Robert A. Murphy for respondent.
Judgment affirmed, with costs, on the authority of Winnowski v. Polito ( 294 N.Y. 159). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.