Opinion
Argued May 29, 1963
Decided June 6, 1963
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HUGH S. COYLE, J.
Henry J. Smith and Donald C. Wilson for appellant.
Paul A. Crouch, Robert Hill Nix and Robert J. McKeever for respondent.
Order affirmed and judgment absolute directed against appellant on the stipulation, with costs in this court and in the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER. Judges DYE, FULD and SCILEPPI dissent and vote to reverse and to dismiss the complaint upon the ground that there is no evidence to establish the liability of defendant.