Majority
p. 795Kolmer-Marcus, Inc., Appellant, v. David E. Winer, as Executor of William Kolmer, Deceased, Respondent, et al., Defendant. Argued January 13, 1970; decided February 19, 1970.
p. 797
Jay Leo Rothschild for appellant.
Robert Sterling for respondent.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Breitel, Jasen and Gibson. Taking no part: Judge Burke.