Opinion
Argued January 7, 1958
Decided February 27, 1958
Appeal from the Appellate Division of the Supreme Court in the first judicial department, EDGAR J. NATHAN, JR., J.
Bernard Meyerson and Richards W. Hannah for appellant.
Murray D. Kors and Jack J. Albert for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and BURKE. Judge VAN VOORHIS dissents and votes to reverse and to dismiss the amended complaint upon the ground that there is no evidence in the record of actionable negligence.