Opinion
Argued March 22, 1960
Decided April 28, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARON STEUER, J.
David W. Kahn, William M. Kahn and Herbert P. Wilson for appellant.
Theodore S. Jaffin and Herbert Feiler for respondent.
Order affirmed, without costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents and votes to reverse and to grant defendant's motion for summary judgment upon the dissenting opinion of Justice STEVENS in the Appellate Division.