Opinion
Argued October 9, 1961
Decided October 19, 1961
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES S. BROWN, J.
William F. McNulty for appellant.
Aaron Nussbaum and Joseph S. Meadow for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, BURKE and FOSTER. Judges DYE, FROESSEL and VAN VOORHIS dissent and vote to reverse and to dismiss the complaint and to answer the question certified in the negative for the reasons stated in the opinion at Special Term.