Opinion
Argued March 27, 1974
Decided May 2, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, GEORGE L. COBB, J.
Francis H. Trombly and Edward J. Trombly for appellants.
Carroll J. Mealey for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice (now Presiding Justice) J. CLARENCE HERLIHY at the Appellate Division [ 28 A.D.2d 61].
Concur: Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, RABIN and STEVENS. Taking no part: Judge GABRIELLI.