
    James E. Messemer, Respondent, v. Dough Mates, Inc., et al., Appellants.
    Argued November 9, 1970;
    decided December 10, 1970.
    
      
      Philip Hoffer, Raymond J. MacDonnell, Rose L. Hoffer and Peter T. Affatato for appellants.
    
      Arthur N. Seiff and B. Leo Schwartz for respondent.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Fuld and Judges Scileppi, Breitel and Gibson. Judges Burke, Bergan and Jasen dissent and vote to reverse and grant a new trial for the reasons stated in the dissenting opinion at the Appellate Division.  