Opinion
Argued September 23, 1971
Decided October 7, 1971
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IVAN WARNER, J.
Frederic P. Houston, Melvin Liebowitz and Gerald A. McCarville for appellant.
Samuel Gottlieb, Bernard Beitel and Alan C. Krieger for respondent.
Order affirmed, with costs; question certified answered in the affirmative. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.