Opinion
Argued April 25, 1961
Decided May 18, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, L. BARRON HILL, J.
Herman Schechter for appellant.
George F.X. Mclnerney, Town Attorney, for respondents.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents and votes to reverse and to reinstate the order of Special Term on the ground that triable issues are presented.