Opinion
Argued February 24, 1966
Decided March 31, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LOUIS B. HELLER, J.
Leo A. Larkin, Corporation Counsel, and J. Lee Rankin, successor Corporation Counsel ( William A. Marks and Seymour B. Quel of counsel), for appellant. Arthur D. Spatt and Robert A. Morse for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges FULD, BURKE and KEATING. Judges VAN VOORHIS, SCILEPPI and BERGAN dissent and vote to reverse and to dismiss the complaint.