Opinion
Argued October 6, 1971
Decided November 17, 1971
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOHN M. MURTAGH, J.
Benjamin H. Siff and Thomas R. Newman for appellant.
Jame T. Whalen and John J. O'Neill 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.