Opinion
Argued April 12, 1967
Decided May 16, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SIDNEY A. FINE, J.
Sigmund Goldstein for appellant.
Arthur A. Anderman for respondents.
Order reversed and that of Special Term reinstated, with costs in this court and in the Appellate Division, upon the ground that issues of fact are presented which require a trial.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI, BERGAN, KEATING and BREITEL.