Opinion
Argued November 25, 1968
Decided December 11, 1968
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J.
George Sassower and Doris L. Sassower for appellants.
William F. Larkin and James J. Rogan for Edenwald Contracting Co., Inc., respondent.
J. Lee Rankin, Corporation Counsel ( William M. Murphy and Stanley Buchsbaum of counsel), for City of New York, respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents and votes to reverse and to grant a new trial on the ground that plaintiffs' proof was sufficient to present a question of fact for the jury.