Opinion
Argued May 16, 1967
Decided May 31, 1967
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH F. HAWKINS, J.
John M. Reed for appellant.
Joseph J. Buderwitz, Jr., and John J. Mulvey for Mariano B. Amodeo, executor, and another, respondents.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI and BREITEL. Judges BERGAN and KEATING dissent and vote to reverse on the ground that a question of fact was presented.