Opinion
Argued May 30, 1973
Decided July 2, 1973
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DAVID GETZOFF, J.
William F. McNulty and Anthony J. McNulty for appellant.
Alfred S. Julien, Charles C. Levine and Helen B. Stoller for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER. Judge JASEN dissents and votes to reverse and to dismiss the complaint on the dissenting opinion at the Appellate Division.