Order affirmed, without costs, upon the opinion at the Appellate Division; no opinion.
Concur: Judges VAN VOORHIS, BURKE, SCILEPPI and FANELLI. Chief Judge FULD and Judges BERGAN and KEATING dissent and vote to reverse and to direct a trial of the issue.
Designated pursuant to section 2 of article VI of the State Constitution in the temporary absence of Judge Breitel.