Opinion
Argued March 24, 1966
Decided April 28, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ANTHONY J. DI GIOVANNA, J.
Samuel Taylor Permutt for appellants.
Robert Mishkin for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, BERGAN and KEATING. Judge SCILEPPI dissents and votes to reverse and to deny summary judgment upon the ground that the record presents triable issues of fact.