Upon reargument, previous determination of April 17, 1959 (5 NY 2d 557) adhered to, viz.: Judgment of Appellate Division reversed and that of Trial Term reinstated, with costs *753in this court and in the Appellate Division. Opinion by Judge Froessel in which Chief Judge Conway and Judge Van Yoorhis concur; Judge Fuld concurs in a separate opinion; Judge Burke dissents in an opinion in which Judges Desmond and Dye concur.