
    W. K. Ewing Company, Incorporated, Appellant, v. New York State Teachers’ Retirement System, Respondent.
    Argued January 15, 1962;
    decided February 22, 1962.
    
      
      Charles E. Nichols for appellant.
    
      Charles A. Brind for respondent.
   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.  