Opinion
Argued October 8, 1957
Decided December 6, 1957
Appeal from the Appellate Division of the Supreme Court in the second judicial department THOMAS E. MORRISSEY, JR., J.
Noel Rubinton and Nathan Cooper for appellant.
Patrick E. Gibbons and William J. Magee for respondent.
Judgment affirmed; no opinion.
Concur: Judges DYE, FULD, VAN VOORHIS and BURKE. Chief Judge CONWAY and Judges DESMOND and FROESSEL dissent and vote to reverse and to grant a new trial upon the ground that a question of fact was presented which required submission to a jury.