Opinion
Argued April 3, 1967
Decided May 23, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILLIAM C. HECHT, JR., J.
Copal Mintz and Nathan H. Herman for appellants.
Fred Lichtblau for respondent.
Order affirmed, with costs, upon the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, SCILEPPI and BERGAN. Judge KEATING dissents and votes to reverse on the ground that triable issues of fact exist which should not be summarily decided. Taking no part: Judge BREITEL.