
    Isidor Bregoff, Appellant, v. Abner J. Rubien, Respondent.
    Argued May 22, 1961;
    decided July 7, 1961.
    
      
      Charles H. Tuttle and Marshall L. Rosenberg for appellant.
    
      Edward A. Winkelman for respondent.
   Judgment affirmed, without costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Froessel, Van Voorhis, Burke and Foster. Judge Fuld dissents and votes to reverse and to deny the motion for summary judgment for the reasons stated in the dissenting opinion of Justice Rabin in the Appellate Division.  