Opinion
Argued January 9, 1959
Decided February 26, 1959
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, CHARLES T. MAJOR, J.
Louis J. Lefkowitz, Attorney-General ( Richard H. Shepp and Paxton Blair of counsel), for appellant.
Bernard L. Bermant for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS. Judge BURKE dissents and votes to reverse upon the dissenting memorandum of WILLIAMS and HALPERN, JJ., in the Appellate Division.