Opinion
Argued December 6, 1962
Decided December 31, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARTHUR G. KLEIN, J.
Lillian E. Cuff and George J. Conway for appellants.
Louis Weil and Barnett Schiff for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents and votes to reverse upon the dissenting opinion in the Appellate Division (see Bragg v. Smilowitz, 16 A.D.2d 181, affd. 12 N.Y.2d 769).