308 N.Y.S.2d 395, 256 N.E.2d 548
Court of Appeals of the State of New York.Argued December 5, 1969
Decided January 8, 1970
Page 671
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, R. WALDRON HERZBERG, J.
Page 672
Frank J. Williams for appellant.
Edward A. McMahon and Nathan M. Medwin for respondent.
Order affirmed, without costs; no opinion.
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.