Opinion
Argued October 7, 1964
Decided October 15, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS A. AURELIO, J.
Isadore B. Hurwitz for appellants.
Harry H. Harris and Seymour Post for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, SCILEPPI and BERGAN. Judges VAN VOORHIS and BURKE dissent and vote to reverse and to deny the motion for summary judgment on the dissenting opinion at the Appellate Division.