Opinion
Argued February 26, 1957
Decided July 3, 1957
Appeal from the Appellate Division of the Supreme Court in the fourth judicial department, CARROLL M. ROBERTS, J.
William H. Morris and Leonard S. Zartman for Lincoln Rochester Trust Company and others, appellants.
William H. Morris and Wallace J. Wolf, Jr., for Wallace J. Wolf and another, appellants.
Matthew J. Shevlin and Harold G. Hutchens for respondents.
Order affirmed, with costs. First and second questions certified answered in the negative. No opinion.
Concur: CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ. VAN VOORHIS, J., dissents and votes to reverse and to dismiss the complaint for the reasons stated by ROBERTS, J., in his opinion at Special Term.