Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Froessel dissents and votes to reverse upon the dissenting memorandum in the Appellate Division.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Froessel dissents and votes to reverse upon the dissenting memorandum in the Appellate Division.