Opinion
Argued January 16, 1959
Decided March 12, 1959
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Paul F. Donohue and Myron Komar for appellant.
Robert L. Harder for Sheila Shaw, respondent.
Mahlon Z. Eubank for Commerce and Industry Association of New York, Inc., amicus curiae, in support of appellant's position.
Costello, Cooney Fearon for Associated Industries of New York State, Inc., amicus curiae, in support of appellant's position.
Order affirmed, with costs to claimant-respondent; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD and BURKE. Judges FROESSEL and VAN VOORHIS dissent and vote to reverse for the reasons stated by HERLIHY, J., in his dissenting opinion in the Appellate Division.