Opinion
Argued January 9, 1964
Decided January 23, 1964
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS E. SPECTOR, J.
Thomas F. Frawley, Nicholas J. Winnie and Harry M. Matis for appellant.
Richard J. Burke and John E. Morris for respondent.
Judgment affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and SCILEPPI. Judge BERGAN dissents and votes to reverse for the reasons stated in the dissenting opinion at the Appellate Division.