Opinion
Argued January 20, 1959
Decided March 12, 1959
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, VINCENT A. LUPIANO, J.
Robert Luce Donohue, G. Wallace Bates, Jordan R. Bassett and Edward F. Snydstrup for appellant.
Arnold B. Elkind and George Brody for respondents.
Order affirmed, with costs, and judgment absolute directed against appellant in accordance with the stipulation. 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 complaint upon the dissenting opinion of STEVENS, J., in the Appellate Division.