Opinion
Argued January 4, 1968
Decided January 18, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL S. LEIBOWITZ, J.
John F. Haggerty for appellant.
Lillian E. Cuff and George J. Conway for respondent.
Order reversed and a new trial granted with costs to abide the event, on the ground that an issue of fact was presented for the jury. No opinion.
Concur: Judges BURKE, BERGAN, KEATING and BREITEL. Chief Judge FULD and Judges SCILEPPI and JASEN dissent and vote to affirm.