Opinion
Submitted September 26, 1968
Decided October 10, 1968
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, RICHARD J. CARDAMONE, J.
Morris H. Beer for appellant.
M. Gilbert Hubbard for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents and votes to reverse on the ground that a question of fact existed, which was properly submitted to the jury and resolved in favor of plaintiff.