Opinion
Argued March 21, 1960
Decided April 28, 1960
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL RABIN, J.
Charles H. Ellner for appellants.
Barnett J. Nova, A. Chester Safian and Milton Zwisohn for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE and FOSTER. Judges FULD and FROESSEL dissent and vote to reverse and to grant judgment in favor of appellants for the reasons set forth in the opinion of the dissenting Justices in the Appellate Division.