Opinion
Submitted November 1, 1967
Decided November 30, 1967
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, NATHANIEL T. HELMAN, J.
Benjamin H. Siff for appellant.
William F. McNulty and Anthony J. McNulty for respondent.
Order affirmed, with costs, on the opinion at the Appellate Division; no opinion.
Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE and BREITEL. Judges SCILEPPI, BERGAN and KEATING dissent and vote to modify on the dissenting opinion at the Appellate Division and grant a new trial against defendant 170 East 83rd Realty Corp.