
    Juan R. Tactuk, as Administrator of the Estate of Mercedes Tactuk, Deceased, Appellant, v. Andrew Freiberg, Defendant and Boulevard Sanitarium Corporation, Respondent.
    Argued October 29, 1969;
    decided November 26, 1969.
    
      
      Howard N. Meyer, Paul O’Dwyer and Frank Durban for appellant.
    
      James M. Furey for respondent.
   Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasen and Gibson. Judges Scileppi and Bergan dissent and vote to affirm on the opinion at the Appellate Division.  