Majority
p. 817Joseph Graziano et al., Individually and as Copartners Doing Business as Joseph Graziano Company, Respondents, v. Indemnity Insurance Company of North America, Appellant. Argued April 19, 1956; decided May 31, 1956.
p. 818
Samuel Gottesman and Harold H. Wolgel for appellant.
Herbert M. Balin for respondents.
Order affirmed, with costs. Question certified answered in the affirmative. No opinion.
Concur: Conway, Ch. J., Dye, Froessel, Van Voorhis and Burke, JJ. Desmond and Fuld, JJ., dissent and vote to reverse upon the ground that the condition is a valid and enforcible one.