
    Albert J. Neilson, Appellant, v. Mariano B. Amodeo, as Executor of Angelo Carbone, Deceased, et al,, Respondents.
    Argued May 16, 1967;
    decided May 31, 1967.
    
      
      John M. Reed for appellant.
    
      Joseph J. Ruder wits, Jr., and Jolm J. Mulvey for Mariano B. Amodeo, executor, and another, respondents.
   Order affirmed, with costs; no opinion.

Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Scileppi and Breitel. Judges Bergan and Keating dissent and vote to reverse on the ground that a question of fact was presented.  