Opinion
Argued January 4, 1967
Decided January 19, 1967
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, M. HENRY MARTUSCELLO, J.
Charles H. Ellner for appellants.
J. Lee Rankin, Corporation Counsel ( Alfred Weinstein, Seymour B. Quel and Benjamin Offner of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges SCILEPPI, BERGAN and BREITEL. Judges VAN VOORHIS, BURKE and KEATING dissent and vote to reverse and to grant a new trial upon the ground that questions of fact were presented.