Majority
p. 1009Albert Naeris, Individually and as Guardian ad Litem of Alar Naeris, an Infant, Respondent, v. New York Telephone Company, Appellant. Argued January 20, 1959; decided March 12, 1959.
p. 1010
Robert Luce Donohue, G. Wallace Bates, Jordan B. Bassett and Edward F. Snydstrup for appellant.
Arnold B. Elkind and George Brody for respondents.
Order affirmed, with costs, and judgment absolute directed against appellant in accordance with the stipulation. No opinion.
Concur: Chief Judge Conway and Judges Desmond, Dye, Ftjld, Froessel and Burke. Judge Van Voobhis dissents and votes to reverse and to dismiss the complaint upon the dissenting opinion of Stevens, J., in the Appellate Division.