Opinion
Argued September 2, 1961
Decided September 2, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MARIO PITTONI, J.
George B. Tepper and Denis M. Kiely for appellant.
Julian Jawitz for respondents.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, BERGAN, BOOKSTEINfn_ and BESTfn_.
Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judges FULD, FROESSEL and FOSTER.