
    Irving A. Dalvin et al., Appellants, v. S. O. T. A. P. E. X., Also Known as Societe Tunisienne Des Articles Populaires-Export, et al., Respondents, et al., Defendants.
    Argued September 13, 1974;
    decided October 8, 1974.
    
      
      Fabian G. Palomino and Edward, H. Freiberger for appellants.
    
      Carl C. Banno for respondents.
   Order affirmed, with costs; no opinion.

Concur: Judges Gabbielli, Jones, Wachtler, Rabin and Stevens. Chief Judge Breitel and Judge Wither dissent and vote to reverse and grant a new trial on the ground that an issue of fact is made out by testimony, the credibility of which was for the jury to determine. 
      
       Designated pursuant to section 2 of article VI of the State Constitution.
     