Opinion
Argued June 13, 1968
Decided June 13, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DANIEL E. FITZPATRICK, J.
Patrick Beary, appellant in person and for Chester Schwimmer, appellant.
Lewis Abraham for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL, and KOREMAN. Judge JASEN dissents and votes to reverse and to reinstate the judgment of Supreme Court, Queens County.
Designated pursuant to section 2 of article VI of the State Constitution in place of BURKE, J., disqualified.