
    John Cannone, Respondent, v. Vincent Esposito, Sr., Appellant.
    Argued January 21, 1963;
    decided February 21, 1963.
    
      
      Thomas Grimes and Donald A. Mead for appellant.
    
      Benjamin H. Siff and Morton M. Berger for respondent.
   Order affirmed and judgment absolute directed against appellant on the stipulation, with costs in this court and in the Appellate Division.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke, Foster and Scileppi. Judge Van Voorhis dissents and votes to reverse and to reinstate the judgment of the Trial Term dismissing the complaint.  