Opinion
Argued May 24, 1967
Decided June 15, 1967
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, FRANK J. PINO, J.
Paul A. Crouch and Robert Hill Nix for appellant.
Samuel J. Sussman, Herman E. Hoberman and Irving Cook for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING and BREITEL. Judges VAN VOORHIS and BURKE dissent and vote to reverse and to dismiss the complaint for the reasons stated by the dissenting Justices at the Appellate Division.