New York Court of Appeals February 21, 1963 (Cannone v. Esposito)

Order affirmed and judgment absolute directed against appellant on the stipulation, with costs in this court and in the Appellate Division.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Scileppi. Judge Van Voorhis dissents and votes to reverse and to reinstate the judgment of the Trial Term dismissing the complaint.