Opinion
Argued April 10, 1969
Decided April 23, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILLIAM LYMAN, J.
Robert A. Machleder and Ralph W. Felsten for appellant.
Melvin Beinart for respondent.
Order affirmed, without costs, on the prevailing opinion at the Appellate Division.
Concur: Judges SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge BURKE dissent and vote to reverse and remit to Special Term on the dissenting opinion at the Appellate Division. Taking no part: Judge KEATING.