Opinion
Argued January 10, 1967
Decided February 16, 1967
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ARTHUR E. BLAUVELT, J.
William A. Argentieri for appellant.
Burdette J. Hasper for Wellsville Lincoln-Mercury Sales, Inc., respondent.
Robert M. Wightman for Ford Motor Company, Inc., respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judges KEATING and BREITEL dissent and vote to reverse in the following memorandum: Plaintiff established a prima facie case, albeit necessarily through circumstantial evidence. The Trial Judge submitted the issue to the jury in a clear and unexceptionable charge. The verdict should stand.