
    Kolmer-Marcus, Inc., Appellant, v. David E. Winer, as Executor of William Kolmer, Deceased, Respondent, et al., Defendant.
    Argued January 13, 1970;
    decided February 19, 1970.
    
      
      Jay Leo Rothschild for appellant.
    
      Robert Sterling for respondent.
   Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.  