Opinion
Argued April 22, 1960
Decided May 19, 1960
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, J. CLARENCE HERLIHY, J.
Harold E. Blodgett and Amedeo H. Volpe for appellant.
Richard T. Horigan for respondents.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the complaint upon the ground that the plaintiffs have failed to prove facts sufficient to constitute a cause of action. Taking no part: Judge FOSTER.