*985Concur: Chief Judge Desmond and Judges Dye, Fuld and Foster. Judges Froessel, Van Voorhis and Burke dissent and vote to affirm and to dismiss the claim for the reasons stated in the decision at the Appellate Division.
*985Concur: Chief Judge Desmond and Judges Dye, Fuld and Foster. Judges Froessel, Van Voorhis and Burke dissent and vote to affirm and to dismiss the claim for the reasons stated in the decision at the Appellate Division.