Opinion
Argued January 13, 1977
Decided February 15, 1977
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. RUBIN, J.
Edwin H. Wolf for appellant.
Julius Zizmor for respondent.
Order reversed, with costs, and the petition dismissed on the dissenting opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division ( 51 A.D.2d 1040-1043). Question certified answered in the negative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.