Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan and Jasen. ' Judges Keating and Breitel dissent and vote to reverse for the reasons stated in the opinion at Trial Term, but to grant a new trial.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan and Jasen. ' Judges Keating and Breitel dissent and vote to reverse for the reasons stated in the opinion at Trial Term, but to grant a new trial.