Majority
p. 957Albert J. Neilson, Appellant, v. Mariano B. Amodeo, as Executor of Angelo Carbone, Deceased, et al,, Respondents. Argued May 16, 1967; decided May 31, 1967.
p. 958
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.