Judgment of Appellate Division reversed and order of Special Term affirmed, with costs in this court and in the Appellate Division. (See Katapodis v. Brooklyn Spectator, Inc., 287 N. Y. 17, 20; Mencher v. Chesley, 297 N. Y. 94.) No opinion.
Concur: Loughran, Ch. J., Lewis, Conway, Desmond, Dye and Fuld, JJ. Froessel, J., dissents and votes to affirm.