Opinion
Argued March 23, 1961
Decided April 27, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MAXWELL SHAPIRO, J.
Joseph Feinstein for appellant.
S.S. Goldsmith and Nathaniel M. Gallin, in person, for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and FOSTER. Judges FROESSEL and BURKE dissent and vote to reverse upon the dissenting opinion below supporting the determination of the Appellate Term.