Opinion
Argued September 25, 1962
Decided October 4, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL C. COLEMAN, J.
Saul Grover Wlodaver and David S. Kapell for appellant.
Robert D. Foglin and E. Edan Spencer for respondent.
Judgment reversed and new trial granted, with costs to abide the event, upon the dissenting opinion at the Appellate Division. No opinion.
Concur: Chief Judge DESMOND and Judges FROESSEL, VAN VOORHIS and FOSTER. Judges DYE, FULD and BURKE dissent and vote to affirm.