Opinion
Argued January 7, 1963
Decided January 23, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARTHUR G. KLEIN, J.
Arnold I. Burns, Stanley T. Lesser and Jay D. Fischer for appellants-respondents.
George Zeidenstein, Charles Krupin and Joel M. Handel for respondents-appellants.
Orders affirmed, without costs. The questions certified on the appeal and the cross appeal answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges FULD, FOSTER and SCILEPPI. Judges DYE, VAN VOORHIS and BURKE dissent and vote to modify and to dismiss the complaint upon the ground that under the applicable statute criminal liability is the exclusive redress for its violation ( Sajor v. Ampol, Inc., 275 N.Y. 125; Rosasco Creameries v. Cohen, 276 N.Y. 274). The question certified on the cross appeal to this court should be answered in the negative.