Opinion
Argued November 19, 1968
Decided December 12, 1968
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS P. FARLEY, J.
William F. McNulty for appellants.
William L. Shumate, Ames D. Ressa and William F.X. Geoghan, Jr., for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, KEATING and BREITEL. Judges SCILEPPI and JASEN dissent and vote to reverse and dismiss the complaint on the dissenting opinion at the Appellate Division.