Opinion
Argued October 5, 1960
Decided October 13, 1960
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES A. LORETO, J.
Sheldon A. Vogel and John G. de Roos for appellant.
Raymond J. Burke and Thomas A. Dillon, Jr., for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD and BURKE. Judges FROESSEL, VAN VOORHIS and FOSTER dissent and vote to reverse upon the dissenting opinion in the Appellate Division.