Naeris v. New York Telephone Co. , 5 N.Y.2d 1009 ( 1959 )

Order affirmed, with costs, and judgment absolute directed against appellant in accordance with the stipulation. No opinion.

Concur: Chief Judge Conway and Judges Desmond, Dye, Ftjld, Froessel and Burke. Judge Van Voobhis dissents and votes to reverse and to dismiss the complaint upon the dissenting opinion of Stevens, J., in the Appellate Division.