Opinion
Argued April 20, 1961
Decided May 18, 1961
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, HARRY J. FORHEAD, J.
Francis V. Cole, Robert M. Hitchcock and John F. Donovan for appellant.
Richard Lipsitz and Eugene W. Salisbury for respondents.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents and votes to reverse and to reinstate the order of Special Term.