Opinion
Argued April 9, 1959
Decided July 8, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department FRANK H. COYNE, J.
George J. Malinsky for appellant.
William T. Gallagher for respondents.
Judgment affirmed, with costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, DYE, FULD, VAN VOORHIS and BURKE. Judge FROESSEL dissents and votes to reverse upon the ground that the complaint states facts sufficient to constitutes a cause of action.