Opinion
Argued January 16, 1959
Decided March 13, 1959
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, DONALD P. GORMAN, J.
Luke A. Burns, Jr., for appellant.
Lawrence Conboy for respondent.
Order affirmed, with costs. Questions certified answered in the negative. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the complaint upon the dissenting opinion of GOLDMAN, J., in the Appellate Division.