Opinion
Argued April 19, 1956
Decided May 31, 1956
Appeal from the Appellate Division of the Supreme Court in the second judicial department, CORTLAND A. JOHNSON, J.
Samuel Gottesman and Harold H. Wolgel for appellant.
Herbert M. Balin for respondents.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: CONWAY, Ch. J., DYE, FROESSEL, VAN VOORHIS and BURKE, JJ. DESMOND and FULD, JJ., dissent and vote to reverse upon the ground that the condition is a valid and enforcible one.