
    Maurice R. Bay et al., Respondents, v. Curtis M. Bay, Appellant, et al., Defendants.
    Argued March 23, 1961;
    decided April 20, 1961.
    
      
      Charles P. Knapp for appellant.
    
      Robert E. Muehe for respondents.
   Judgment of Appellate Division and order of Special Term reversed, without costs, and motion for summary judgment denied for the reasons stated in the dissenting opinion in the Appellate Division. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.  