Order affirmed, without costs; no opinion.
Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Reynolds* and Pennock.* Judge Scileppi dissents and votes to reverse and to reinstate the judgment of Special Term.
Argued September 9, 1965;
decided September 9, 1965.
*858 George W. Herz and Howard F. Cerny for appellant.
Harold L. Fisher and James H. Goodfriend for Paul B. Screvane and others, respondents.
No appearance for remaining respondents.
Order affirmed, without costs; no opinion.
Concur: Chief Judge Desmond and Judges Dye, Van Voorhis, Burke, Reynolds* and Pennock.* Judge Scileppi dissents and votes to reverse and to reinstate the judgment of Special Term.
16 N.Y.2d 856
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