¶1Judgment affirmed, with costs; no opinion.
¶2Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke and Foster. Judge Froessel dissents and votes to reverse upon the dissenting opinion in the Appellate Division (see Bragg v. Smilowitz, 16 A D 2d 181, affd. 12 N Y 2d 769).