Opinion
Argued February 27, 1961
Decided March 30, 1961
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ARTHUR G. KLEIN, J.
Paul W. Williams, David Morgulas and Peter D. Schapiro for appellants.
Bernard Buchwald, Bernard Nadel, Maxwell H. Tretter and Edmund B. Hennefeld for respondent.
Order affirmed, with costs. We decide no more than that a cause of action is stated and that the challenged allegations should not be stricken as sham. Question certified answered in the affirmative. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.