Opinion
Submitted January 9, 1961
Decided March 2, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FREDERICK BACKER, J.
Irving I. Erdheim and Fred Lichtblau for appellant.
Emil K. Ellis, Jonas Ellis, Maurice Shire and Monte L. Morris for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge FROESSEL dissents and votes to reverse and to grant a new trial upon the dissenting opinion in the Appellate Division.