Majority
p. 670Mary M. Joyce, Appellant, v. Ira L. Stockwell, Defendant, and John M. Tice, Respondent. Argued December 5, 1969; decided January 8, 1970.
p. 672
Frank J. Williams for appellant.
Edward A. McMahon and Nathan M. Medwin for respondent.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel and Jasen. Judge Burke dissents and votes to reverse and grant a new trial upon the ground that plaintiff made out a prima facie case. Taking no part: Judge Gibson.