Opinion
Argued January 15, 1962
Decided January 25, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NICHOLAS M. PETTE, J.
Burton S. Cooper, Bernard Shatzkin and Sheldon Rudoff for appellant.
John F. Mulholland and Walter F. Doyle for respondents.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, BURKE and FOSTER. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the complaint upon the ground that no actionable negligence was proved against appellant.