
    Edwin Avery, Appellant, v. Order of St. Basil the Great, Respondent.
    Argued February 26, 1968;
    decided April 3, 1968.
    
      
      Maurice P. O’Brien for appellant.
    
      William F. McNulty for respondent.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel and Jasen. Judge Keating dissents and votes to reverse and grant a new trial on the ground that there were questions of fact, properly presented to the jury under an adequate charge, both as to breach of a duty owed to plaintiff by defendant and as to plaintiff’s freedom from contributory negligence.  