Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. Judge Burke dissents and votes to reverse and grant a new trial upon the ground that plaintiff made out a prima facie case. Taking no part: Judge Gibson.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. Judge Burke dissents and votes to reverse and grant a new trial upon the ground that plaintiff made out a prima facie case. Taking no part: Judge Gibson.