Opinion
Argued January 10, 1963
Decided February 21, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CORTLAND A. JOHNSON, J.
Benjamin H. Siff and Maxwell M. Booxbaum for appellant.
William F. McNulty and William Beasley for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Judges DYE, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judges FULD and SCILEPPI dissent and vote to reverse and to reinstate the judgment of Trial Term upon the ground that the doctrine of last clear chance applies.