Opinion
Argued October 24, 1958
Decided October 24, 1958
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, KENNETH S. MacAFFER, J.
Abraham J. Gellinoff for appellants.
David M. Freedman and Morris Zuckman for respondents.
Order affirmed; no opinion.
Concur: Chief Judge CONWAY and Judges DYE, FULD, FROESSEL and VAN VOORHIS. Judges BURKE and McGIVERN dissent and vote to reverse upon the authority of Matter of Anderson v. Power ( 1 A.D.2d 603, affd. 1 N.Y.2d 868), Matter of Marcatante v. Lundy ( 4 A.D.2d 883, revd. on dissenting memorandum below 3 N.Y.2d 913), Matter of Warsoff v. Cohen ( 289 N.Y. 108), Matter of Connors v. Messina ( 308 N.Y. 877), and Matter of Bailey v. Power ( 5 N.Y.2d 746).
Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judge DESMOND.