Opinion
Argued January 4, 1966
Decided January 20, 1966
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RONALD E. COLEMAN, J.
Louis J. Lefkowitz, Attorney-General ( Jeremiah Jochnowitz and Paxton Blair of counsel), for appellant.
Sidney Weitzer for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, BURKE, SCILEPPI and KEATING. Judges VAN VOORHIS and BERGAN dissent and vote to reverse and to dismiss the claim upon the dissenting memorandum at the Appellate Division.