
    Leon Moore, an Infant, by Leona Moore, His Guardian ad Litem, et al., Appellants, v. Board of Education of the City of New York, Respondent, et al., Defendant.
    Argued January 4, 1967;
    decided January 19, 1967.
    
      
      Charles E. Ellner for appellants.
    J. Lee Rankin, Corporation Counsel {Alfred Weinstein, Seymour B. Quel and Benjamin Offner of counsel), for respondent.
   Order aErmed, without costs; no opinion.

Concur: Chief Judge Fuld and Judges Scileppi, Bergan and Breixel. Judges Van- Voorhis, Burke and Keating dissent and vote to reverse and to grant a new trial upon the ground that questions of fact were presented.  