Opinion
Argued January 9, 1962
Decided January 25, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EDGAR J. NATHAN, JR., J.
Henry J. Smith and Thomas P. O'Malley for appellant.
William F. McNulty for respondent.
Judgment affirmed, with costs, upon the majority opinion in the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FROESSEL and FOSTER. Judges FULD, VAN VOORHIS and BURKE dissent and vote to reverse and to dismiss the complaint for the reasons stated in the dissenting opinion at the Appellate Division.