Opinion
Argued January 3, 1977
Decided February 8, 1977
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, PARKER J. STONE, J.
Richard C. Heffern and Bernard F. Ashe for appellant.
Carter Strickland and John F. Lawton for respondent.
Order reversed, with costs, the arbitrator's award reinstated for reasons given in the dissenting opinion by Mr. Justice HARRY D. GOLDMAN at the Appellate Division ( 51 A.D.2d 91, 93-96) and the matter remitted to Supreme Court, Onondaga County, for the entry of appropriate judgment.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.