Opinion
Argued January 5, 1965
Decided January 14, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
Milton Pollack, Samuel N. Greenspoon and Francis E. Koch for appellant.
Anthony F. Lo Frisco, Paul A. Victor, John D. Kousi and Donald G. McCabe for respondents.
Order reversed, with costs in this court and in the Appellate Division, and that of Special Term reinstated upon the dissenting opinion at the Appellate Division. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS and BERGAN. Judges BURKE and SCILEPPI dissent and vote to affirm upon the prevailing opinion at the Appellate Division.