Opinion
Argued October 15, 1968
Decided November 27, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL S. LEIBOWITZ, J.
Benjamin H. Siff for appellant.
John M. Cunneen for Charlotte A. Drew, respondent.
Philip Hoffer, Raymond J. MacDonnell, Rose L. Hoffer and Peter T. Affatato for administratrix respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL and JASEN. Judges BERGAN and KEATING dissent and vote to reverse and grant a new trial as to both defendants on the dissenting opinion at the Appellate Division.