Concur: Judges Bueke, Scileppi, Beegan, Keating, Bbeitel and Jasen. Chief Judge Fuld dissents and votes to reverse and order a new trial on the dissenting opinion of Justice Benjamin at the Appellate Division.
Concur: Judges Bueke, Scileppi, Beegan, Keating, Bbeitel and Jasen. Chief Judge Fuld dissents and votes to reverse and order a new trial on the dissenting opinion of Justice Benjamin at the Appellate Division.