Opinion
Argued February 23, 1961
Decided March 23, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH A. GAVAGAN, J.
David M. Freedman and Abraham Unger for appellant.
John A. Kiser, Roy M. Cohn and William J. O'Shea, Jr., for respondent.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.