Opinion
Argued May 8, 1962
Decided May 17, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BIRDIE AMSTERDAM, J.
Jerome Schlapik and Robert G. Sheller for appellant.
Richard A. Kerner for respondent.
Order reversed, without costs, and matter remitted to Special Term for further proceedings in accordance with the opinion in Matter of Rosenbaum ( American Sur. Co. of N.Y.) ( 11 N.Y.2d 310), decided herewith. No opinion.
Concur: Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER. Judges DYE, FULD and FROESSEL dissent and vote to affirm upon the dissenting opinion in Matter of Rosenbaum ( American Sur. Co. of N.Y.) ( 11 N.Y.2d 310), decided herewith.