Roosevelt v. Power , 8 N.Y.2d 869 ( 1960 )

Orders of the Appellate Division reversed and those of Special Term reinstated, without costs, for the reasons stated in the opinion at Special Term. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Van Voorhis and Burke, Judges Fuld, Foster and Bbegan^* dissent and vote to affirm.

* Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Judge Froessel.