Majority
p. 770Mary Kirk, Appellant, et al., Plaintiff, v. Patricia Kiernan, Respondent. Argued January 4, 1968; decided January 18, 1968.
p. 772
John F. Haggerty for appellant.
Lillian E. Cuff and George J. Conway for respondent.
Order reversed and a new trial granted with costs to abide the event, on the ground that an issue of fact was presented for the jury. No opinion.
Concur: Judges Burke, Bergan, Keating and Breitel. Chief Judge Fuld and Judges Scileppi and Jasen dissent and vote to affirm.