Opinion
Argued January 3, 1966
Decided January 20, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRANCIS X. CONLON, J.
Benjamin H. Siff and Milton Steger for appellant.
Herbert Minster and Bernard Helfenstein for respondents.
Order affirmed, with costs; no opinion.
Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Chief Judge DESMOND and Judges FULD and KEATING dissent and vote to reverse and to grant a new trial upon the ground that the record presented issues of fact for the jury.