Opinion
Argued February 26, 1964
Decided October 8, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HENRY J. LATHAM, J.
Joseph D. Stim for appellant.
Edwin Kessler for respondent.
Judgment, furnished pursuant to CPLR 5512 (a), affirmed, without costs. (See, also, CPLR 10003; cf. Maryan Rest. v. Miller, 13 N.Y.2d 1117.) No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.