Majority
p. 637Adolph H. Rosenthal, Respondent, v. Eisemann Industrial Corporation, Appellant.
No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ.; Callahan, J., dissents upon the ground that there is no necessity for declaratory judgment in the present situation. The illegality of the agreement will be available as a defense in any litigation that may be predicated thereon.