Argued March 27, 1962
Decided April 26, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL C. COLEMAN, J.
George G. Gallantz for appellant.
Harold R. Medina, Jr., and Thomas D. Kent for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse for the reasons stated in the dissenting opinion at the Appellate Division.