Opinion
Argued January 3, 1949
Decided January 13, 1949
Appeal from the Supreme Court, Appellate Division, Second Department, CUFF, J.
Michael A. Petroccia and Louis A. Guarino for appellants.
William F. McNulty and John McKim Minton for respondent.
Judgment affirmed, with costs; no opinion.
Concur: LOUGHRAN, Ch. J., DESMOND, DYE and FULD, JJ.; LEWIS and CONWAY, JJ., dissent and vote for reversal and a new trial on the ground that the record presents questions of fact requiring submission to the jury.