Opinion
Argued December 3, 1962
Decided December 31, 1962
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HARRY E. SCHIRICK, J.
Charles G. Pillon and Ralph D. Semerad for appellant.
Robert G. Blabey for respondent.
Order affirmed, with costs. Fourth question certified answered in the negative; fifth question certified answered in the affirmative; other questions certified not answered as unnecessary. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.