Opinion
Submitted October 19, 1966
Decided November 22, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. GAVAGAN, J.
Alfred S. Julien and Jacob M. Fishback for appellant.
William F. McNulty for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge KEATING dissents and votes to reverse and to grant a new trial upon the dissenting opinion at the Appellate Division.