Judgment affirmed; no opinion.
Concur: Chief Judge Desmond and Judges Van Voobhis, Burke, Scileppi and Keating. Judges Fuld and Bergan dissent and vote to reverse and to dismiss the complaint on the dissenting opinion at the Appellate Term.
Judgment affirmed; no opinion.
Concur: Chief Judge Desmond and Judges Van Voobhis, Burke, Scileppi and Keating. Judges Fuld and Bergan dissent and vote to reverse and to dismiss the complaint on the dissenting opinion at the Appellate Term.