Opinion
Argued April 12, 1967
Decided May 18, 1967
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CARMAN F. BALL, J.
Emil L. Cohen and Bertil L. Peterson for appellant.
W. Donn McCarthy for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN and BREITEL. Judges SCILEPPI and KEATING dissent and vote to reverse upon the ground that there are issues of fact tendered by the affidavits which require a trial and preclude a summary dismissal of the complaint.