Opinion
Argued October 1, 1964
Decided October 15, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, EDWARD ROBINSON, JR., J.
William F. McNulty and George M. Onken for appellant.
James F. Niehoff, Edward Cherney and George L. Marks for respondents.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents and votes to reverse the order and to dismiss the complaint upon the ground that there is no evidence of causative negligence on the part of defendant.