
    Vincent Lomoriello, Respondent, v. Tibbetts Contracting Corporation, Appellant.
    Argued May 29, 1963;
    decided June 6, 1963.
    
      
      Henry J. Smith and Donald G. Wilson for appellant.
    
      Paul A. Grouch, Robert Hill Nix and Robert J. McKeever for respondent.
   Order affirmed and judgment absolute directed against appellant on the stipulation, with costs in this court and in the Appellate Division. No opinion.

Concur: Chief Judge Desmond and Judges Van Voorhis, Burke and Foster. Judges Dye, Fuld and Scileppi dissent and vote to reverse and to dismiss the complaint upon the ground that there is no evidence to establish the liability of defendant.  