Opinion
Argued February 25, 1969
Decided April 9, 1969
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD ROBINSON, JR., J.
James M. O'Brien and Charles J. Barnett for appellants.
Walter B. Solinger, II, for respondent.
Order reversed, with costs, and the judgment of the trial court reinstated on the dissenting opinion at the Appellate Division.
Concur: Judges BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD and Judges BURKE and SCILEPPI dissent and vote to affirm on the prevailing opinion at the Appellate Division.