Opinion
Argued February 21, 1968
Decided April 4, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HAROLD TESSLER, J.
Hyman A. Hochman, Milton E. Jacobowitz, pro se, and Daniel Weiss for Milton E. Jacobowitz, appellant.
Albert H. Brodkin for respondent.
Order affirmed, with costs; no opinion.
Concur: Judges BURKE, BERGAN, KEATING, BREITEL and JASEN. Chief Judge FULD and Judge SCILEPPI dissent and vote to reverse and deny defendant's motion for summary judgment upon the ground that a question of fact was presented.