Argued October 19, 1965
Decided November 24, 1965
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JULIUS J. GANS, J.
George J. Malinsky and Abraham Rosenfeld for appellant.
James M. McLaughlin, Jr., for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Judges DYE, FULD, VAN VOORHIS and SCILEPPI. Chief Judge DESMOND and Judge BURKE dissent and vote to reverse upon the dissenting opinion at the Appellate Division. Taking no part: Judge BERGAN.