Opinion
July 27, 1960
Appeal from an order of a Special Term, County Court, Sullivan County. Order reversed and complaint dismissed, without costs. (See Schulman v. People, 11 A.D.2d 273.) Bergan, P.J., Coon, Gibson and Reynolds, JJ., concur; Herlihy, J., dissents and votes to affirm. (See dissenting memorandum in Schulman v. People, 11 A.D.2d 273.) [ 23 Misc.2d 90.]