Opinion
Argued February 26, 1958
Decided April 3, 1958
Appeal from the Appellate Division of the Supreme Court in the first judicial department, JOHN L. FLYNN, J.
Emanuel D. Black, Oscar A. Bloustein and John J. Hyland for appellant.
William I. Cohen and Milton Sheen for respondent.
Order affirmed, with costs. First question certified answered in the negative. Second question certified answered in the affirmative. No opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL, VAN VOORHIS and BURKE.