Opinion
Argued March 25, 1960
Decided April 21, 1960
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ABRAM ZOLLER, Off. Ref.
Ira M. Ball for appellant-respondent.
James H. Gilroy, Jr., for respondent-appellant.
Judgment affirmed, with costs to plaintiff. A personal judgment was proper under the pleadings and proof. Cross appeal of plaintiff withdrawn on the argument, without costs. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.