MATTER OF FRAGALE v. ARMORY MAINTENANCE

Order affirmed on the opinion at the Appellate Division, with costs. (See, also, Matter of Connelly v. Samaritan Hosp., 259 N.Y. 137; Matter of Stern v. Electrol, Inc., 4 A.D.2d 110, mot. for lv. to app. den. 3 N.Y.2d 707.) No opinion.

Concur: Chief Judge DESMOND and Judges FULD, BURKE, BERGAN and KEATING. Judges VAN VOORHIS and SCILEPPI dissent and vote to reverse and to dismiss the claim upon the dissenting opinion at the Appellate Division.