MULLIGAN v. SPERKA

Order of the Supreme Court, Nassau County, dated March 11, 1969, affirmed, with $10 costs and disbursements (see Nesbitt v. Nimmich, 34 A.D.2d 958). Christ, P.J., Hopkins and Benjamin, JJ., concur; Munder and Rabin, JJ., dissent and vote to reverse the order appealed from and grant plaintiffs' motion for summary judgment for the reasons stated in the dissenting memorandum in Nesbitt v. Nimmich ( 34 A.D.2d 958). (See, also, Schwartz v. Public Administrator of County of Bronx, 24 N.Y.2d 65.)