Opinion
Argued March 23, 1966
Decided April 28, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BIRDIE AMSTERDAM and HENRY CLAY GREENBERG, JJ.
Robert S. Fougner for appellant.
Harold Zucker and Robert E. Herman for respondent.
Order affirmed, without costs, upon the prevailing opinion at the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BERGAN and KEATING. Judges BURKE and SCILEPPI dissent and vote to reverse upon the dissenting opinion of the Appellate Division.