Majority
p. 803Raymond Warren, Respondent, v. Robert J. Marvin, as Executor of Earl Cole, Deceased, Appellant, et al., Defendants. Submitted January 22, 1970; decided February 19, 1970.
p. 804
Guernsey, Butts & Walsh for appellant.
O ’Donnell & O’Donnell, for respondent.
Concur: Chief. Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Gibson.