
    National Surety Corporation, Respondent, v. Rodger M. Silver, Appellant.
    Submitted November 29, 1965;
    decided December 30, 1965.
    
      
      Benjamin Weberman for appellant.
    
      Samuel Komoroff for respondent.
   Order of Appellate Division reversed, without Costs, and that of Special Term reinstated, for the reasons stated by Justice Eager in his dissenting opinion at the Appellate Division.

Concur: Chief Judge Desmond and Judges Fuld, Van Voorhis and Bergan. Judges Dye, Burke and Scileppi dissent and vote to affirm.  