
    Employers’ Liability Assurance Corporation, Ltd., Respondent, v. Joseph Aresty, Appellant, et al., Defendant.
    Argued January 9, 1962;
    decided January 25, 1962.
    
      
      Henry J. Smith and Thomas P. O’Malley for appellant.
    
      William F. McNulty for respondent.
   Concur: Chief Judge Desmond and Judges Dye, Froessel and Foster. Judges Fuld, Van Voorhis and Burke dissent and vote to reverse and to dismiss the complaint for the reasons stated in the dissenting opinion at the Appellate Division.  