W.K. EWING CO. v. NEW YORK ST. TCHRS.' RETIRE. SYS

Judgment affirmed, with costs; no opinion.

Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to reinstate the order of Special Term granting summary judgment to plaintiff for the reasons stated in the memorandum of the Justice at Special Term.